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MAYFLOWER INSURANCE COMPANY v. OSBORNE

No. 9057.

326 F.2d 461 (1964)

The MAYFLOWER INSURANCE COMPANY, Appellant, v. Roosevelt OSBORNE, Alice Roe Osborne and Rose Marie Osborne, a minor, Appellees.

United States Court of Appeals Fourth Circuit.

Decided January 8, 1964.

Attorney(s) appearing for the Case

H. E. Wilson, Kingsport, Tenn. (G. R. C. Stuart, Penn, Stuart & Stuart, Abingdon, Va., and Wilson, Worley & Gamble, Kingsport, Tenn., on brief), for appellant.

David S. Haynes, Bristol, Tenn. (Francis W. Flannagan, Bristol, Va., Curtin, Haynes & Winston, Bristol, Tenn., and Flannagan & Flannagan, Bristol, Va., on brief), for appellees.

Before SOBELOFF, Chief Judge, BELL, Circuit Judge, and THOMSEN, District Judge.

THOMSEN, District Judge.

Mayflower Insurance Company, plaintiff below, appeals from a summary judgment declaring that it is obligated, under an automobile liability policy issued to Alice Osborne, to pay any final judgment that may be recovered against her husband, Roosevelt Osborne, in tort actions filed against him in a Tennessee state court by her and her daughter, Rose Marie. The accident out of which the claims arose occurred in Kentucky, where a wife can sue...

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