Edmond R. Glenn and William Burman v. State Farm Mutual Automobile Insurance Company, a Corporation

BREITENSTEIN, Circuit Judge.

Appellee-plaintiff, State Farm Mutual Automobile Insurance Company, brought a declaratory judgment action to determine its liability under an automobile policy issued by it to appellant Glenn. Previously appellant Burman had sued Glenn claiming substantial damages because of injuries sustained in an accident allegedly caused by the negligence of Glenn. Trial was to a jury which found that the insurer was not liable under the policy.

In his insurance application insured stated that he had never had any insurance cancelled, that his driver’s license had not been…