Home Insurance Co. v. Drescher

The appellant, plaintiff in the trial court, seeks review of an adverse final decree in a declaratory decree action.

The appellant attempted to void an automobile liability policy pursuant to the provisions of § 627.01081, Fla.Stat., F.S.A. The trial judge found that the appellant had failed to sustain its burden of proof to void the policy; that the defendant, Edwin P. Drescher, was the “equitable and beneficial owner of the insured vehicle”. The problem arose because the following question was contained on the application for insurance:

ijj ‡ * sjs % sfc(a) If all automobiles are not (a)…