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FIREMAN'S FUND INSURANCE COMPANY v. DUNLAP

No. 8770.

317 F.2d 443 (1963)

FIREMAN'S FUND INSURANCE COMPANY, Appellant, v. C. K. DUNLAP, Katherine Dunlap, Mack Smith, Jr., Andrew Franklin Smith, Erlie G. Williamson, Addie Williamson, Lenneau Williamson as Administrator of the Estate of Earl Williamson, H. H. Sanders, individually and as Administrator of the Estate of H. C. Sanders, and Olive Sanders, Appellees.

United States Court of Appeals Fourth Circuit.

Decided May 2, 1963.

Attorney(s) appearing for the Case

David W. Robinson, II, Columbia, S. C. (J. Means McFadden, Robinson, McFadden & Moore, Columbia, S.C., Albert L. James, Jr., and Paulling & James, Darlington, S. C., on brief), for appellant.

Derrick Kenneth Baker, Darlington, S. C. (James P. Mozingo, III, Darlington, S. C., on brief), for appellees.

Before HAYNSWORTH and BOREMAN, Circuit Judges, and LEWIS, District Judge.

LEWIS, District Judge.

This is an action for declaratory judgment brought by Fireman's Fund Insurance Company alleging that it has no duty under an automobile liability insurance policy to defend or pay judgments obtained in any actions arising out of the deaths of Earl Williamson and H. C. Sanders.1 Both Sanders and Williamson were killed when struck on October 14, 1961 by an automobile owned by the insured, C. K. Dunlap and Katherine...

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