Holm

This action is on an automobile public liability policy issued by appellant, the appeal being from a judgment in favor of appellee for the amount of the insurance. Appellee is a judgment creditor of Elmer Sondenaa, alleged to be insured under the policy. Her judgment against Sondenaa arose out of a personal injury suffered in a collision with Sondenaa while the latter was driving the car in question. The recovery as against the insurance company was predicated on the ruling of the trial court that the company is estopped to deny Sondenaa’s status as an insured; and this ruling forms the crux of the controversy here.

The policy was issued in 1938 to one von Borstel, Sondenaa’s father-in-law. The premiums on it appear to have been paid semi-annually and had been paid up to and including November 18, 1948. On July 25, 1948, von Borstel transferred title to the automobile to his daughter, the wife of Sondenaa. Prior to making the transfer he inquired of Lawrence, district agent for appellant at The Dallas, Oregon, as to the procedure necessary to- transfer the insurance protection to his daughter. According to the testimony of von Borstel, which the jury found to be true, Lawrence…