McIver

Appeal from a judgment of the District Court in which the plaintiff [an Illinois corporation] was adjudged to pay costs of suit and was denied relief under its complaint for a declaratory judgment.

An insurance policy was in full force and effect whereby the plaintiff-appellant insured Mrs. Leotia E. Mclver and Jeff Clark [California residents], defendant appellees, against loss from automobile accidents as provided therein. It also provided that the insurance company would defend any action brought against either Mrs. Leotia E. Mclver or Jeff Clark for damages alleged to have been caused.by either’s operation of the automobile covered by the policy. The policy provides that it does not apply “while the automobile is operated by any person under the age of fourteen years, or by any person in violation of any state, federal or provincial law as to age applicable to such person * * * ”.

An accident occurred in Los Angeles County, California, wherein Loraine Johnson was struck by the automobile covered by the policy, while Grace Vaughn, a minor of the age of 14 years and without a state license to drive an automobile was in the driver’s seat, and while Jeff Clark, by her side, was…