Pierce

This is an action for a declaratory judgment as to the rights of the parties under an automobile insurance policy. The facts are as follows: On June 15, 1951, the plaintiff, Farris J. Pierce, requested a policy of automobile insurance from Oscar L. Kohlhardt, an insurance broker. Kohlhardt placed the insurance with the defendant, the General Casualty Company of America and the General Insurance Company of America, who issued its'policy insuring Pierce on June 18, 1951. On June 19, 1951, Kohlhardt forwarded the policy to the plaintiff together with a letter and a statement of premium due in the amount of $47.51. On July 1, August 1, and September 1, 1951, Kohlhardt mailed to the plaintiff at the address set out in the policy, a statement of premium due in the same amount, $47.51. No acknowledgment of these statements or payment thereon was ever received by Kohlhardt or the defendant, nor were any of them returned by the Post Office. Kohlhardt also called several times at the plaintiff’s residence, leaving his card, and attempted to contact him at the Mission Street Police Station, where plaintiff was employed as a policeman for the City of San Francisco, by telephoning this station…