Westphalen

The judgment from which this appeal was taken, adjudicated that appellee was not liable, under an automobile liability insurance policy issued by it, for damage resulting from an accident, and restraining prosecution of any proceedings on the policy.

An automobile accident occurred involving an automobile driven by the individual appellants and a truck and trailer covered by the insurance in question, issued by appellee. Appellee brought this action to obtain a judgment declaring that it had no liability for the damage resulting from the accident in question, because the insurance policy had been breached and because it did not cover the accident in question since by its terms the policy did not cover losses incurred while the truck and trailer were leased.

The policy contained certain warranties and conditions regarding garaging of the truck, and territorial limits in the use thereof. The court below found facts which disclosed violations of the warranties and conditions by the insured, but in view of the “Termination Of Coverage Endorsement”, those ‘particulars are unimportant. Under the heading of “Exclusions” the policy provided:

Rental of the truck was not a use declared…