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CAPITAL INSURANCE & SURETY CO. v. KELLY

No. 20302.

361 F.2d 567 (1966)

CAPITAL INSURANCE & SURETY CO., Inc., Appellant, v. John V. KELLY as an individual, John V. Kelly as an heir to the Estate of Marjorie A. Kelly, Deceased, John Kelly, a minor, and Don V. Kelly, a minor, both heirs to the aforesaid Estate, By and Through John V. Kelly, their father and next friend, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied June 23, 1966.

Attorney(s) appearing for the Case

Walter S. Ferenz, Barrett, Ferenz & Trapp, Oakland, Cal., for appellant.

E. R. Crain, Agana, Guam, for appellee.

Before HAMLEY, JERTBERG, and ELY, Circuit Judges.

ELY, Circuit Judge.

This appeal presents the question of whether, in the Territory of Guam, a claim which arises from the negligent operation of a motor vehicle and which has permanently abated as against the tortfeasor because of his death may be successfully prosecuted against his automobile insurer under a Guamanian statute (Guam Gov.Code § 43354) permitting such insurers to be sued directly.

The appellant is an insurance company which, on October...

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