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CHEROT v. UNITED STATES FIDELITY AND GUARANTY CO.

No. 5972.

264 F.2d 767 (1959)

Harold Lorne CHEROT, Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation, Central Surety & Insurance Corporation and Orville Lester Carter, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 24, 1959.

Attorney(s) appearing for the Case

Bryan Tabor, Tulsa, Okl. (Rucker, Tabor & Cox, Joseph A. Sharp, Joseph F. Glass, Tulsa, Okl., on the brief), for appellant.

Alfred B. Knight, Tulsa, Okl., for appellee, U. S. Fidelity & Guaranty Co.

Thomas R. Brett, Tulsa, Okl. (Robert D. Hudson, Tulsa, Okl., on the brief), for appellee, Central Surety Co.

Before HUXMAN, MURRAH and BREITENSTEIN, Circuit Judges.

HUXMAN, Circuit Judge.

This was a declaratory judgment action in which the two appellee insurance companies sought and obtained a declaratory judgment, declaring that they were not required to defend a damage action instituted by Harold Lorne Cherot against Orville Lester Carter arising out of an automobile accident under policies of insurance which they had issued. It was the companies' claim that there was no liability because of an exclusionary clause in each policy...

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