RENNER v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.

No. 25040.

392 F.2d 666 (1968)

John Joseph RENNER, Elizabeth T. Stevenson, Individually and as Administratrix of the Estate of Howard G. Stevenson, Deceased et al., Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 8, 1968.


Attorney(s) appearing for the Case

Thomas A. Horkan, Jr., Sam Bloom, and Dunn & Johnson, Miami, Fla., for appellants.

John H. Wahl, Jr., Richard J. Thornton, Miami, Fla., Walton, Lantaff, Schroeder, Carson & Wahl, Miami, Fla., of counsel, for appellee.

Before TUTTLE and GOLDBERG, Circuit Judges, and HOOPER, District Judge.


TUTTLE, Circuit Judge:

This is an appeal by parties who claim to be third party beneficiaries of a liability insurance policy from a judgment by the trial court holding that the appellee insurance company was under no obligation to defend the basic damage suit against their assureds.

It was undisputed that the plaintiff insurance company, which brought the declaratory action in the district court, had issued an automobile liability insurance policy to the...

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