Phoenix Assurance Co. v. De Lair

In an action for a declaratory judgment plaintiff seeks a determination that it is not liable to defendants under its policy issued to the defendant, Vincent L. De Lair, for any claim arising out of an accident which involved a stolen motor vehicle operated by his infant son, the defendant, Vincent De Lair. The defendant, Safeco Insurance Co. of America, a subrogated carrier to the rights of the defendant, Maria C. Winkelmann, has interposed an answer which, in effect, is a general denial and which also contains a separate defense alleging that the defendant, Vincent De Lair, at the time of…