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SEABOARD FIRE & MARINE INSURANCE COMPANY v. GIBBS

No. 11433.

392 F.2d 793 (1968)

SEABOARD FIRE & MARINE INSURANCE COMPANY, Appellant, v. Daniel GIBBS et al., Appellees.

United States Court of Appeals Fourth Circuit.

Decided February 28, 1968.

Attorney(s) appearing for the Case

D. A. Brockinton, Jr., Charleston, S. C. (Brockinton & Brockinton, Charleston, S. C., on the brief) for appellant.

J. W. Cabaniss, Charleston, S. C. (Grimball & Cabaniss on the brief) for appellees.

Before HAYNSWORTH, Chief Judge, MARVIN JONES, Senior Judge, and BUTZNER, Circuit Judge.

BUTZNER, Circuit Judge:

Seaboard Fire & Marine Insurance Company appeals a declaration that it is required to defend and respond in damages that its insured may suffer under provisions relating to a non-owned automobile found in a liability insurance policy issued Daniel Gibbs.1 We believe the policy did not afford coverage, and reverse.

Gibbs, a farm hand driving his employer's truck, injured Thaddeus Brisbane. Seaboard insured...

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