American Lumbermen's Mut. Casualty Co. v. Wilcox

KNIGHT, District Judge.

Plaintiff through a declaratory judgment seeks interpretation of the provisions of its liability policy issued to the defendant Ellen M. Wilcox, containing the provision that “this policy shall not cover, (4) any automobile while * * * used to carry passengers for a consideration. * * * ” The sole issue is whether the automobile on the occasion of an accident was used to carry passengers for a consideration in violation of the foregoing provision in the policy. The record discloses that the defendant Ellen M. Wilcox, in her insured automobile, regularly transported one…