Empire Fire and Marine Insurance Co. v. Brake

DIXON, Commissioner.

This case, recently re-assigned, is an action for declaratory judgment on a liability insurance policy issued to Patricia Keller. Empire Fire and Marine Insurance Co. is the plaintiff. The defendants are the driver, Gary Keller, and third parties injured in an accident. The plaintiff pleaded the issuance of a policy to Patricia Keller as named insured and the occurrence of a collision on September 15, 1966 within the policy period while the automobile was operated by defendant Gary Keller, the 22-year-old husband of Patricia Keller. The plaintiff’s contention is that no…