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MARYLAND CASUALTY COMPANY v. BURLEY

No. 9815.

345 F.2d 138 (1965)

MARYLAND CASUALTY COMPANY, Appellant, v. Scott Nelson BURLEY, Jr., Donald Pete Mosteller and National Indemnity Company, Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 29, 1965.

Attorney(s) appearing for the Case

Wm. Rosenberger, Jr., Lynchburg, Va., for appellant.

Henry M. Sackett, Jr., Lynchburg, Va. (Williams, Robertson & Sackett, Lynchburg, Va., on brief) for appellee National Indemnity Co.

Before SOBELOFF and BOREMAN, Circuit Judges, and STANLEY, District Judge.

SOBELOFF, Circuit Judge:

This proceeding was instituted to obtain a judgment declaring which of two insurance companies is obligated to assume the burden of defense and liability for any judgment in respect of suits growing out of damages sustained in an automobile accident involving Scott Burley, Jr.

On August 10, 1963, Burley, while operating with consent an automobile owned by Brockman Chevrolet, Inc., collided in Virginia with a car driven by Donald Mosteller...

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