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HARTFORD ACCIDENT & INDEMNITY COMPANY v. HILAND

No. 14902.

349 F.2d 376 (1965)

The HARTFORD ACCIDENT & INDEMNITY COMPANY, Plaintiff-Appellant, v. Stephen E. HILAND, Edgar T. Hiland, Marlene Sue Woodward, Marjorie E. Hill, Ralph F. Hensley, Joseph F. Hensley, Mary Alice Pounds, John P. Pounds, Thomas J. O'Toole, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

June 25, 1965.

Attorney(s) appearing for the Case

Emerson Boyd, Robert C. Riddell, Indianapolis, Ind., for appellant Hartford Accident & Indemnity Co., Locke, Reynolds, Boyd & Weisell, Indianapolis, Ind., of counsel.

Thomas J. Murphy, Erle A. Kightlinger, Harry A. Wilson, Jr., Howard J. DeTrude, Jr., Indianapolis, Ind., for defendants-appellees, Armstrong, Gause, Hudson & Kightlinger, Indianapolis, Ind., of counsel.

Before DUFFY, CASTLE and KILEY, Circuit Judges.

KILEY, Circuit Judge.

This is a diversity suit by Hartford Accident & Indemnity Company for a declaratory judgment that it had no duty under its policy No. 40 GF 452322 to defend Thomas J. O'Toole, its insured under that policy, in certain tort suits against him, nor to pay any claim arising out of the accident which gave rise to those suits. The district court decided against Hartford, and it has appealed. We reverse.

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