Stanley

This is an appeal from a judgment based upon an oral contract of insurance.

In February, 1940, the defendant issued a policy of automobile liability insurance to Sergio Delecce of Fresno which ran for one year and expired on February 15, 1941. It insured a Chevrolet 1%-ton truck for property damage liability, and for bodily injury liability limited to $5,000 for each person and $10,000 for each accident. The policy covered Delecce and any other person using the automobile, but excluded coverage “while the automobile is used for the towing of any trailer not covered by like insurance in the company” and also while the automobile “is being driven and/or operated by Sergio Delecce.” The policy was countersigned by Marie Gable as authorized agent of the company. The insurance was renewed and a new policy with like terms issued to expire on February 15, 1942, but the new premium not being paid that policy was canceled on May 20, 1941. In August, 1941, negotiations were had between the parties which led to the alleged agreement on which this action was based. In the meantime this l^-ton truck had been converted by Delecce into what is known as a truck and semi-trailer, being one…