State Farm Mut. Automobile Ins. Co. v. Smith

COLLET, District Judge.

This is a declaratory judgment action brought by an insurance company to determine its liability under an automobile liability insurance policy. A jury was waived and the cause submitted to the Court sitting as a jury.

The facts are substantially as follows: Mr. Smith holds a policy of jnsurance issued by the plaintiff company insuring him against claims arising from the operation of his automobile. The policy contains the usual provision:

“This policy shall not apply * * * while the automobile is being operated:

“(1) by any person under the minimum age required to obtain…