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HARBIN v. ASSURANCE COMPANY OF AMERICA

No. 6988.

308 F.2d 748 (1962)

Charles C. HARBIN and Patricia A. Harbin, Appellants, v. ASSURANCE COMPANY OF AMERICA, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

August 30, 1962.

Attorney(s) appearing for the Case

Charles C. Spann, Albuquerque, N. M. (Grantham, Spann & Sanchez, Albuquerque, N. M., on the brief), for appellants.

John D. Robb, Albuquerque, N. M. (Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M., on the brief), for appellee.

Before MURRAH, Chief Judge, and PHILLIPS and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

In this declaratory judgment action brought by appellee Assurance Company of America (insurer) the question is whether the insurer is obligated to defend an action brought against appellants (insureds) to recover damages for an assault. The trial court held for the insurer on the ground that the policy afforded no coverage. This appeal followed. Jurisdiction is based on diversity.

Insurer issued to insureds a policy providing personal...

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