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STATE FARM MUTUAL AUTOMOBILE INS. CO. v. MURNION

No. 24038.

439 F.2d 945 (1971)

STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., a corporation, Plaintiff-Appellant, v. Coleman C. MURNION and Virginia Murnion, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

March 24, 1971.

Attorney(s) appearing for the Case

Jacque Best (argued), Habedank, Cumming & Best, Sidney, Mont., for plaintiff-appellant.

Gene Huntley (argued), Baker, Mont., for defendants-appellees.

Before JERTBERG, MERRILL and WRIGHT, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

The insurer, State Farm, brought action under the Federal Declaratory Judgment Act, 28 U.S.C. § 2201, to obtain a determination of its liability for a claim under a policy of insurance issued to defendants Murnion. After trial to a jury, judgment was entered that the policy did cover the claim, and the insurer has appealed. We affirm.

The insured vehicle, being driven by Mrs. Murnion, was involved in a collision at an...

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