Hartford Accident & Indemnity Co. v. Brill

DUFFY, District Judge.

The plaintiff seeks a declaratory judgment that it was not on the risk covering the premises at 924 Park Avenue, Racine, Wisconsin-, on January 21, 1941. The defendant claims that a valid contract of oral insurance was in full force and effect.

The trial developed a sharp conflict of testimony as to just what occurred 'between the parties, especially on January 21, 1941. I find the following facts:

In December, 1940, defendant Max Brill was the owner of a number of residence properties in Racine, Wisconsin. His nephew, George Brill, was an insurance broker who customarily…