Dykeman v. Mission Insurance Company

HATHAWAY, Judge.

This appeal is brought before us from a declaratory judgment action by Jan Dykeman and her father, Jack Dykeman, against the appellees Southwest Casualty Insurance Company and Mission Insurance Company.

In May of 1965 Mr. Dykeman purchased two policies of automobile insurance through Kaldenbaugh Insurance, Inc., agents of the appellees. The Southwest Casualty Insurance Company was the primary insurer, offering coverage for 1%o limits while the Mission Insurance Company was the excess insurer, affording B94so policy limits.

On January 31, 1966, Jan Dykeman while in the insured…