Mayflower Insurance Exchange v. Gilmont

280 F.2d 13 89 A.L.R.2d 1019 MAYFLOWER INSURANCE EXCHANGE, Appellant, v. Robert Dean GILMONT, Rose Marie Gilmont and Ronald A. Watson, Guardian ad Litem for Susan Rose Gilmont, a minor, Robert Russell Gilmont, a minor, and Norman I. Gilmont, a minor, Appellees. No. 16394. United States Court of Appeals Ninth Circuit. June 21, 1960. Arthur S. Vosburg, Frank McK. Bosch and Vosburg, Joss, Hedland & Bosch, Portland, Or., for appellant. Krause Lindsay, Nahstoll & Kennedy, Jack L. Kennedy, Holger M. Pihl, Jr., Portland, Or., for appellee. Before STEPHENS, JERTBERG and MERRILL, Circuit Judges. MERRILL, Circuit Judge. 1 Appellant Mayflower Insurance Exchange has brought this action to secure a declaration of its rights and obligations under a policy of insurance issued by it to one McKinzie in Portland, Oregon, on April 16, 1957. Appellees Gilmont were injured on June 8, 1957, when the automobile in which they were riding collided with that driven by McKinzie. They assert negligence on the part of McKinzie and liability on the part of appellant under its insurance policy. 2 This action is founded upon the contention of appellant that the insurance policy is void since its issuance…