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UNITED SERVICES AUTOMOBILE ASSOCIATION v. WHARTON

Civ. No. 2145.

237 F.Supp. 255 (1965)

UNITED SERVICES AUTOMOBILE ASSOCIATION, Plaintiff, v. James Pearce WHARTON, Robert C. Pinner, Youngblood Truck Lines, Inc., James P. Erwin, Jr., Administrator of the Estate of Helen Duffy Wharton, Deceased, Don H. Garren, Ancillary Administrator of the Estate of James P. Wharton, Deceased, Dorothy Fay Duffy, Ancillary Administratrix of the Estate of Helen Duffy Wharton, Deceased, and James H. Wharton, Administrator, C.T.A. of the Estate of James P. Wharton, Defendants.

United States District Court W. D. North Carolina, Asheville Division.

January 18, 1965.

Attorney(s) appearing for the Case

Landon Roberts, Meekins, Packer & Roberts, Asheville, N. C., for plaintiff.

Van Winkle, Walton, Buck & Wall, Asheville, N. C., for Pinner and Youngblood Truck Lines, Inc.

Lamar Gudger, Asheville, N. C., for James P. Erwin, Jr.

R. Lee Whitmire, Whitmire & Whitmire, Hendersonville, N. C., for James P. Wharton and Don H. Garren, Dorothy Fay Duffy, Ancillary Adm'x of the Estate of Helen Duffy Wharton.

CRAVEN, Chief Judge:

This is a suit for declaratory judgment brought by United Services Automobile Association (an insurance company) to determine the extent of its obligation, if any, under a standard automobile liability insurance policy issued to Colonel James Wharton.

Under the terms of the policy, United Services has no duty to defend claims or pay damages "caused intentionally by * * * the insured." The principal question for decision is whether Colonel...

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