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ST. PAUL MERCURY INSURANCE COMPANY v. HUITT

Nos. 15320, 15321.

336 F.2d 37 (1964)

ST. PAUL MERCURY INSURANCE COMPANY, Plaintiff, Appellee and Cross-Appellant, v. Dewey HUITT, individually and doing business as Dewey Huitt & Son, Russell Ontis, Ruth V. Withers, Guardian of James A. Withers, Mentally Ill, Defendants, and Auto Owners Insurance Company, Defendant and Appellant.

United States Court of Appeals Sixth Circuit.

August 20, 1964.

Attorney(s) appearing for the Case

Leland D. Phelps, Grand Rapids, Mich., (Shivel, Phelps, Linsey & Strain, Grand Rapids, Mich., on the brief), for Auto Owners Ins. Co.

James E. Gould, Grand Rapids, Mich., (Mitts, Smith & Haughey, Grand Rapids, Mich., on the brief), for St. Paul Mercury Ins. Co.

Rex Orton, Allegan, Mich., Ryan, Sullivan & Hamilton, Battle Creek, Mich., for defendants.

Before McALLISTER, Circuit Judge, and BOYD and WILSON, District Judges.

FRANK W. WILSON, District Judge.

This appeal presents issues involving the interpretation and construction of casualty insurance policies. The principal issue involved is the interpretation of the often litigated "loading and unloading" clause in an automobile insurance policy. Between the lack of clarity in the wording of the loading and unloading coverage, the lack of uniformity in the decisions of the courts, and the lack of clairvoyance upon the part of both the...

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