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HOME FIRE & MARINE INSURANCE COMPANY v. TISDALE

No. 8551.

303 F.2d 348 (1962)

HOME FIRE & MARINE INSURANCE COMPANY, Appellee, v. Julius B. TISDALE, Johnny M. Phillips and Herman F. McMahon, Appellants.

United States Court of Appeals Fourth Circuit.

Decided May 10, 1962.

Attorney(s) appearing for the Case

William J. Cronan, Jr., Charleston, S. C. (Morrison & Morrison, Charleston, S. C., on brief), for appellants.

Joseph R. Young, Charleston, S. C. (Hagood, Rivers & Young, Charleston, S. C., on brief), for appellee.

Before SOPER, BRYAN and BELL, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge.

The application of Johnny M. Phillips for an automobile liability policy in South Carolina with the Home Fire & Marine Insurance Company represented that his driver's license had never been suspended, when in truth, as the insured concedes, it had been. Exoneration from responsibility under the policy was sought on this ground by the insurer in a declaratory judgment action.

The insured answered that the insurer's agent...

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