Universal Underwriters Insurance v. Northwestern National Insurance

OPINION AND ORDER

ROBERT D. MORGAN, District Judge.

This is an action for declaratory judgment which has been submitted upon agreed facts for determination of the issue of liability (any question of damages having been reserved). The undisputed *438jurisdiction of the court is invoked under 28 U.S.C. § 1332.

Defendant was the automobile liability insurer of Dr. Richard Franck of Bushnell, Illinois. The automobile in question, a 1965 Lincoln Continental, had been purchased from Howe Motor Sales, Inc. of Macomb, Illinois, approximately one year prior to the accident, through Howe salesman Gale…