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NEW ZEALAND INSURANCE COMPANY v. HOLLOWAY

No. 4149.

123 F.Supp. 642 (1954)

NEW ZEALAND INSURANCE COMPANY, Ltd. v. Calvin HOLLOWAY, Leroy Holloway, Mrs. Leroy Holloway, Joseph Broussard, Sr., individually and on behalf of his minor son, Joseph Broussard, Jr. and Gillard Romero.

United States District Court, W. D. Louisiana, Lake Charles Division.

September 8, 1954.

Attorney(s) appearing for the Case

W. Ford Reese, New Orleans, La., Richard A. Anderson, Lake Charles, La., for plaintiff.

H. Purvis Carmouche, Crowley, La., for defendants.

HUNTER, District Judge.

Tried to the court, the action is for a declaratory judgment1. Jurisdiction exists2.

Here, there is presented the situation where an insurer seeks a declaration of non-liability on an automobile liability policy issued by it, because of fraud on the part of the insured in its procurement. The defendants are the insured, his brother (the actual owner and user of the insured vehicle...

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