KELLY v. STATE AUTOMOBILE INSURANCE ASSOCIATION

No. 14199.

288 F.2d 734 (1961)

Gladys H. KELLY (formerly Gladys H. Nolan), Executrix of the Will of Thomas D. Nolan, Deceased, Doing Business as Thomas D. Nolan, Contractor, and Charles L. Thompson, Plaintiffs-Appellants, v. STATE AUTOMOBILE INSURANCE ASSOCIATION, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

April 13, 1961.


Attorney(s) appearing for the Case

Gavin H. Cochran, Louisville, Ky. (Peter, Heyburn & Marshall, Louisville, Ky., for Gladys H. Kelly, and Woodward, Hobson & Fulton and Robert P. Hobson, Louisville, Ky., for Charles L. Thompson, on the brief), for appellants.

Henry V. B. Denzer, Louisville, Ky. (Edward J. Hogan, Louisville, Ky., on the brief), for appellee.

Before MARTIN, MILLER and WEICK, Circuit Judges.


WEICK, Circuit Judge.

The action below was for declaratory judgment to construe a policy of automobile liability insurance. It was sought to determine whether coverage was afforded by the insurance to an additional insured under the omnibus clause of the policy with respect to a claim for personal injuries asserted by an employee of the named insured against said additional insured.

The facts were not in dispute and only a legal question was presented. Underwood...

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