Western Casualty & Surety Co. v. Herman

MOORE, District Judge.

This is a declaratory judgment action brought by The Western Casualty and Surety Company, hereinafter referred to as Western, against Margy Herman, the insured, Mark Lowell Herman, her son, and Leo Newman, who was injured while an occupant of a car driven by Mark Herman. Western seeks a declaration of non-liability under the contract of insurance with Margy Herman. Defendants counterclaimed requesting a declaration that the policy was in full force and effect. By way of affirmative defense, defendants pleaded estoppel. Furthermore, they requested reformation of the…