ST. PAUL MERCURY INS. CO. v. PENNSYLVANIA LUMBERMEN'S M. I. C.

Nos. 11012, 11013.

378 F.2d 312 (1967)

ST. PAUL MERCURY INSURANCE COMPANY and State Farm Mutual Automobile Insurance Company, Appellants, v. PENNSYLVANIA LUMBERMEN'S MUTUAL INSURANCE COMPANY, a corporation, Eusebio Gallardo, Varndell Gallardo, John W. Carn, Andrew Carn, and Feliciano D. Garcia, individually and as Administrator of the Estate of John Delano Garcia, deceased, Appellees. PENNSYLVANIA LUMBERMEN'S MUTUAL INSURANCE COMPANY, Appellant, v. ST. PAUL MERCURY INSURANCE COMPANY and State Farm Mutual Automobile Insurance Company, Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 28, 1967.


Attorney(s) appearing for the Case

William H. Vaughan, Jr., Charleston, S. C., for State Farm Mut. Auto. Ins. Co.

Edward D. Buckley, Charleston, S. C., for St. Paul Mercury Ins. Co. (Bailey & Buckley and Grimball & Cabaniss, Charleston, S. C., on brief).

Joseph H. McGee, Jr., and Pledger M. Bishop, Jr., Charleston, S. C. (Moore, Mouzon & McGee, Charleston, S. C., on brief), for Pennsylvania Lumbermen's Mut. Ins. Co.

Before HAYNSWORTH, Chief Judge and BRYAN and BELL, Circuit Judges.


PER CURIAM:

A family automobile liability insurance policy written by Pennsylvania Lumbermen's Mutual Insurance Company in the name of Eusebio Gallardo, on a Mercury automobile owned by him, was held in this declaratory judgment action not to cover a second car, a 1957 Chevrolet acquired by him during the term of the policy, despite its clause describing in the following words what other cars owned by him are included in the protection:

"Definitions: Under...

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