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LAZARUS v. MANUFACTURERS CASUALTY INSURANCE CO.

No. 14513.

267 F.2d 634 (1959)

David LAZARUS, Appellant, v. MANUFACTURERS CASUALTY INSURANCE COMPANY, a Body Corporate, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 9, 1959.

Petition for Rehearing Denied May 13, 1959.

Attorney(s) appearing for the Case

Mr. David F. Smith, Washington, D. C., for appellant. Mr. Dorsey K. Offutt, Washington, D. C., also entered an appearance for appellant.

Mr. Denver H. Graham, Washington, D. C., with whom Mr. Albert E. Brault, Washington, D. C., was on the brief, for appellee.

Before EDGERTON, WASHINGTON and DANAHER, Circuit Judges.

WASHINGTON, Circuit Judge.

This case concerns the scope of coverage of a garage liability insurance policy issued to a person who was in fact a partner of another — a fact unknown to the insurance company at the time of issuance.

On August 23, 1948, David Lazarus and Arthur Rubinstein formed a partnership to operate the Transport Amoco Service, a gasoline service station leased to them by the American Oil Company. On September 1, 1948, Rubinstein took...

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