Mayflower Insurance Exchange v. Gilmont

MERRILL, Circuit Judge.

Appellant Mayflower Insurance Exchange has brought this action to secure a declaration of its rights and obligations under a policy of insurance issued by it to one McKinzie in Portland, Oregon, on April 16, 1957. Appellees Gilmont were injured on June 8, 1957, when the automobile in which they were riding collided with that driven by McKinzie. They assert negligence on the part of McKinzie and liability on the part of appellant under its insurance policy.

This action is founded upon the contention of appellant that the insurance policy is void since its issuance…