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EXCHANGE INSURANCE ASSOCIATION v. MILLER

No. 12223.

249 F.2d 530 (1957)

EXCHANGE INSURANCE ASSOCIATION, a corporation of the State of Illinois, Plaintiff-Appellant, v. Edward MILLER, Edward Bradbury, Magda Goerl and Albert T. Goerl, Defendants-Appellees.

United States Court of Appeals Third Circuit.

Decided November 12, 1957.

Attorney(s) appearing for the Case

H. Frank Pettit, Westfield, N. J., for appellant.

Harold D. Feuerstein, Newark, N. J., for Magda Goerl and Albert T. Goerl.

Michael C. Mirk, Basking Ridge, N. J., for Miller and Bradbury.

Before BIGGS, Chief Judge, and MARIS and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge.

In this policy suit for a declaratory judgment, the insurer plaintiff sought to establish that the accident involved was not within the insurance contract.

The contract covered a fleet of defendant Miller's automobiles with standard liability protection. An endorsement to it respecting the truck with which we are concerned reads:

"In consideration of premium charged for the equipment...

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