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IOWA NATIONAL MUTUAL INSURANCE COMPANY v. McGHEE

Civ. A. No. 68-C-16-D.

292 F.Supp. 176 (1968)

IOWA NATIONAL MUTUAL INSURANCE COMPANY, Plaintiff, v. Gerald Minor McGHEE, Dennis Darrell Willis, an infant Garry Mayhew, an infant George E. Brann, Gertrude Brann, Mrs. Ennis Johns, and Virginia Wilborne Brann, Defendants.

United States District Court W. D. Virginia, Danville Division.

September 9, 1968.

Attorney(s) appearing for the Case

Ernest G. Garrett, Jr., May, Garrett, Miller & Newman, Richmond, Va., for plaintiff.

Lawrence G. Wilson, Jr., Carter & Wilson, Danville, Va., for Gerald McGhee and guardian ad litem for Dennis Willis.

James Goodson, III, Danville, Va., guardian ad litem for Garry Mayhew.

Frank O. Meade, Meade, Tate & Meade, Danville, Va., for George E. Brann, Gertrude Brann and Virginia Brann.

Charles E. Carter, and Mary H. Williams, Danville, Va., for Mrs. Ennis Johns.

OPINION and JUDGMENT

DALTON, Chief Judge.

Iowa National Mutual Insurance Company, hereinafter referred to as "Iowa," brought this declaratory judgment action, alleging that it is not liable under its automobile liability policy, issued to Gerald Minor McGhee, for the accident involving the insured on the 25th day of February, 1968. The "Iowa" policy designated a 1951 Ford as the insured automobile, but McGhee was driving a 1961 Oldsmobile when he had the...

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