TRUCK INS. EXCH. v. ROHDE

No. 33404.

49 Wn.2d 465 (1956)

303 P.2d 659

TRUCK INSURANCE EXCHANGE, Appellant, v. ROY ROHDE et al., Respondents.

The Supreme Court of Washington, En Banc.

November 8, 1956.


Attorney(s) appearing for the Case

Moulton, Powell & Loney, for appellant.

Paul R. Roesch, for respondent Rohde.

Tonkoff, Holst & Hopp and Ralph Armstrong, for respondents Shaw et al.

Clarke, Clarke & Albertson (Watters & Donovan, James B. Donovan, and De Roy C. Thomas, of counsel), amici curiae.


OTT, J.

In this action, the Truck Insurance Exchange sought a declaratory judgment to determine the extent to which, by a contract of insurance, it had indemnified the named insured against liability to third persons, which contractual liability arose from the following stipulated facts:

An automobile owned by the defendant Roy Rohde was covered by the public liability insurance policy here in question. On May 3, 1953, at approximately 6:45 p.m., he was operating...

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