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WESTERN CASUALTY AND SURETY COMPANY v. HERMAN

No. 17203.

318 F.2d 50 (1963)

The WESTERN CASUALTY AND SURETY COMPANY, a Corporation, Appellant, v. Margy HERMAN, Mark Lowell Herman, and Leo Newman, Appellees.

United States Court of Appeals Eighth Circuit.

June 13, 1963.

Attorney(s) appearing for the Case

Don B. Sommers, St. Louis, Mo., for appellant; Barnhart & Sommers, St. Louis, Mo., with him on the brief.

Douglas H. Jones, St. Louis, Mo., for Margy Herman and Mark Lowell Herman.

Paul L. Bradshaw, Springfield, Mo., for appellee Leo Newman; Neale, Newman, Bradshaw, Freeman & Neale and Jean Paul Bradshaw, Springfield, Mo., and Hugo M. Walther, of Thompson, Walther & Shewmaker, St. Louis, Mo., with him on the brief.

Before JOHNSEN, Chief Judge, MATTHES, Circuit Judge, and GIBSON, District Judge.

MATTHES, Circuit Judge.

The basic question for determination in this declaratory judgment action instituted by The Western Casualty and Surety Company (Western) is whether an automobile liability insurance policy issued by it was in force and effect at the time the automobile covered by the policy was involved in an accident. The trial court found that the policy was effective and that the person driving the automobile at the time was entitled to indemnity from Western...

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