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STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. XAPHES

No. 51, Docket 31308.

384 F.2d 640 (1967)

STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Appellant, v. John F. XAPHES, Administrator of the Estate of Clara Brown and Jocelyn H. Comtois Wesson, Appellees.

United States Court of Appeals Second Circuit.

Decided October 24, 1967.

Attorney(s) appearing for the Case

John Dinse, Burlington, Vt. (Wick, Dinse & Allen, Burlington, Vt., on the brief), for appellant.

Robert Bing, Burlington, Vt. (Gravel & Bing, Burlington, Vt., on the brief), for John F. Xaphes, appellee.

Robinson E. Keyes, Rutland, Vt. (Ryan, Smith & Carbine, Rutland, Vt., on the brief), for Jocelyn H. Comtois Wesson, appellee.

Before LUMBARD, Chief Judge, SMITH and KAUFMAN, Circuit Judges.

LUMBARD, Chief Judge:

This case presents the question whether under the terms of its automobile liability insurance policy issued to Joyce Brown, State Farm Mutual Automobile Insurance Co. must defend the appellee, Jocelyn H. Comtois Wesson, in a suit brought against her by appellee Xaphes, the administrator of the estate of Clara Brown. After a hearing of State Farm's petition for declaratory judgment the Vermont District Court ordered State Farm to defend Wesson...

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