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HARDWARE MUTUAL CASUALTY COMPANY v. CHAPMAN

No. 12688.

272 F.2d 614 (1959)

HARDWARE MUTUAL CASUALTY COMPANY, a Corporation, Plaintiff-Appellant, v. John W. CHAPMAN, John Murray Chapman, Phyllis Ann Chapman, Norman W. Lepper, and Thomas J. McIntyre, Administrator of the Estate of Wallace J. McIntyre, Deceased, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 4, 1960.

Attorney(s) appearing for the Case

Frederick H. Stone, George B. Gillespie, Louis F. Gillespie, Gillespie, Burke & Gillespie, Springfield, Ill., for plaintiff-appellant.

Paul B. Nichols, Andrew C. Schnack, Jr., John P. Deege, Schmiedeskamp & Deege, Quincy, Ill., for defendant Thomas J. McIntyre, Administrator of the Estate of Wallace J. McIntyre, deceased.

Before HASTINGS, Chief Judge, and DUFFY and KNOCH, Circuit Judges.

HASTINGS, Chief Judge.

This action was brought by the Hardware Mutual Casualty Company (appellant) for a declaratory judgment defining the extent of coverage under a policy of liability insurance issued to appellee, John W. Chapman, on July 1, 1956. Jurisdiction is based upon diversity of citizenship and the requisite amount in controversy.

On the first day of December, 1956, Phyllis Ann Chapman, wife of John Murray Chapman (herein referred to as Jack), was...

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