Highway Insurance v. Peterson

STURGIS, Judge.

Highway Insurance Company, plaintiff below, brings this appeal to review a final decree which dismissed its complaint against appellee Fred W. Foreman, defendant below, to whom it had issued a policy of insurance conditioned to indemnify said defendant against liability for bodily injury and property damage in the operation of an automobile forming the subject of the policy. The relief sought was (a) a declaratory decree defining plaintiff’s rights under the policy, and (b) rescission of the policy on the ground that said defendant violated a material provision thereof.

It was…