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INDIANA LUMBERMENS MUTUAL INSURANCE CO. v. PARTON

Civ. No. 340-S.

147 F.Supp. 887 (1957)

INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY, Plaintiff, v. Paul Demet PARTON, Pauline Petty, John Joel Pitts, W. T. Pitts, R. L. Pitts and Annie Pitts Vick, Defendants.

United States District Court Middle District North Carolina, Salisbury Division.

January 25, 1957.

Attorney(s) appearing for the Case

Craighill, Rendleman & Kennedy, Charlotte, N. C., for plaintiff.

Haywood & Denny, Durham, N. C., George R. Uzzell, Salisbury, N. C., Hobart M. Brantley, Spring Hope, N. C., for defendants.

HAYES, District Judge.

This is a civil action brought for declaratory judgment in favor of the plaintiff and against the defendants, in which the plaintiff seeks a judgment declaring it not liable under its insurance policy issued in the name of Paul Demet Parton. The plaintiff alleges that the policy by the rider attached thereto limited to a nonowner policy is inapplicable under Section 2, Subsection 2 as follows: The

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