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WILKINS v. INLAND MUTUAL INSURANCE COMPANY

No. 7445.

253 F.2d 489 (1958)

Mary WILKINS, Carrie Peterson, Carroll T. Webb, Rufus Webb and George Webb, Appellants, v. INLAND MUTUAL INSURANCE COMPANY, a body corporate, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 3, 1958.

Attorney(s) appearing for the Case

Percy Scherr, Baltimore, Md. (Elliott W. Dean, Baltimore, Md., on the brief), for appellant Mary Wilkins.

J. Calvin Carney, Baltimore, Md., for appellants Carrie Peterson, Carroll T. Webb, Rufus Webb and George Webb.

Edward F. Shea, Jr., Baltimore, Md. (Sherbow & Sherbow and Theodore Sherbow, Baltimore, Md., on brief), for appellee.

Before PARKER, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.

HAYNSWORTH, Circuit Judge.

This action for a declaratory judgment was instituted by the insurance company in order to determine its rights and obligations under a standard automobile insurance policy with respect to an accident which occurred after the death of the named insured. A motion for summary judgment in favor of the insurance company was granted by the District Court because of the failure to give notice of the death. Inland Mutual Insurance Company v. Peterson...

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