GULF INSURANCE COMPANY v. TILLEY

No. 16419.

393 F.2d 119 (1968)

GULF INSURANCE COMPANY, Plaintiff-Appellant, v. Ronald TILLEY, Carol Jo Tilley, Marcella Smith (a minor), Patricia A. Smith, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

March 5, 1968.


Attorney(s) appearing for the Case

Milford M. Miller, Jr., Fort Wayne, Ind., Hugh E. Reynolds, Jr., Indianapolis, Ind., for appellant.

Carl G. Winter, Indianapolis, Ind., William S. Glickfield, Marion, Ind., for appellee.

Before SCHNACKENBERG, KILEY and CUMMINGS, Circuit Judges.


PER CURIAM.

Plaintiff insurer, a Texas corporation, filed a diversity action seeking a declaratory judgment that the homeowner's policy it issued to Mr. and Mrs. Ronald Tilley, Indiana citizens, did not apply to a certain accident. On October 9, 1964, Mrs. Patricia Smith Wood employed Mrs. Tilley to be a baby-sitter for her two and one-half year old daughter, Marcella Smith. Mrs. Wood left her child at the Tilley residence about 8:00 a. m. Two hours later, Mrs. Tilley...

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