Preferred Risk Group v. Beachy

I respectfully dissent.

This declaratory judgment action was tried to the court without a jury. The proper beginning point is the findings of fact by Judge Morgan, the trial judge.

The trial judge found that the Beachys told Gene Ellis, the State Farm Agent, that their insurance on their Buick had been cancelled because of their son's driving re*448cord. In the Beachys' presence, Ellis called the home office of State Farm and told State Farm officials of the problem with covering the son. Ellis told Mrs. Beachy he could not issue a policy to them unless their son was excluded from coverage. The…