AMERICAN CASUALTY CO. OF READING, PA. v. MORRIS

Civil Action No. 19-F.

51 F.Supp. 889 (1943)

AMERICAN CASUALTY CO. OF READING, PA., v. MORRIS et al.

District Court, N. D. West Virginia.

September 30, 1943.


Attorney(s) appearing for the Case

Oscar J. Andre, of Clarksburg, W. Va. (Steptoe & Johnson and James M. Guiher, all of Clarksburg, W. Va., on the brief), for plaintiff.

Ernest R. Bell, of Fairmont, W. Va., for defendant David G. Morris.

Marion Meredith, of Fairmont, W. Va., for defendants Fred Motter and John Simon, administrator of Gerald Simon's estate.


HARRY E. WATKINS, District Judge.

This is a declaratory judgment action in which the American Casualty Company of Reading, Pennsylvania, has moved for summary judgment. Decision of the case turns upon the interpretation of a policy of casualty insurance issued by plaintiff to defendant, David G. Morris. More specifically, the issue is whether the negligent operation of the truck by an employe of Morris, resulting in the death of one

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