Drake v. State Farm Mutual Automobile Insurance

Opinion by

Mr. Justice Knauss.

The parties to this writ of error are here in the same order they appeared in the trial court.

Plaintiffs in their amended complaint alleged that on October 24, 1957, the defendant by its agent issued a binder receipt wherein the defendant agreed to insure the automobile owned by the plaintiffs for various types of coverage. That on October 26, 1957, the automobile *245was involved in a collision; that demand was made upon the defendant to perform the conditions of the binder receipt, and that defendant refused so to do.

The plaintiffs prayed that the court declare the…