AMERICAN INDEMNITY COMPANY v. DAVIS

No. 17023.

260 F.2d 440 (1958)

AMERICAN INDEMNITY COMPANY, Appellant, v. C. E. DAVIS et al., Appellees.

United States Court of Appeals Fifth Circuit.

October 31, 1958.


Attorney(s) appearing for the Case

Travers Hill, Atlanta, Ga., B. D. Murphy, Atlanta, Ga., of counsel (Powell, Goldstein, Frazer & Murphy, Atlanta, Ga., on the brief), for appellant.

Eugene A. Epting, Athens, Ga., R. Lee Chambers, Augusta, Ga., C. Winfred Smith, Gainesville, Ga., William O. Carter, Hartwell, Ga. (Erwin, Nix, Birchmore & Epting, Athens, Ga., Joseph & Carey Skelton, Hartwell, Ga., Payne & Heard, Elberton, Ga., on the brief), for appellees.

Before HUTCHESON, Chief Judge, and TUTTLE and JONES, Circuit Judges.


TUTTLE, Circuit Judge.

This appeal presents two simple but important questions of coverage of an automobile public liability insurance policy. The first is: does a "replacement" automobile owned jointly by the named insured and his son come within the terms "an automobile ownership of which is acquired by the named assured"? The second is whether the trial court erred in concluding, as a matter of law, that statements made...

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