Harold Rabb v. Public National Insurance Company

SHACKELFORD MILLER, Jr., Circuit Judge.

Appellee insurance company instituted this declaratory judgment action seeking a declaration of rights as to the existence or nonexistence of an oral liability insurance contract upon the automobile of an army officer, Lt. Moores, which was involved in an accident about 6:20 p. m. on May 27, 1954, near Richmond, Ky. As a result of the accident Lt. Moores was killed and the appellant, who was a passenger in the car, was injured.

Lt. Moores, whose post of duty was Fort Sill, Oklahoma, was a resident of Richmond, Ky., and was on leave at the time of the…