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STATE FARM MUTUAL AUTOMOBILE INS. CO. v. COLEMAN

No. 29660.

441 F.2d 329 (1971)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Appellant, v. James H. COLEMAN, Joanne W. Livingston and James F. Livingston, Defendants-Appellees. James H. COLEMAN, Third-Party Plaintiff-Appellee, v. ALLSTATE INSURANCE COMPANY, Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 13, 1971.

Attorney(s) appearing for the Case

Cubbedge Snow, Cubbedge Snow, Jr., Martin, Snow, Grant & Napier, Macon, Ga., for appellants.

H. Jerome Strickland, Macon, Ga., for Allstate Ins. Co.

Duross Fitzpatrick, Cochran, Ga., for Joanne W. Livingston and James F. Livingston.

Andrew W. McKenna, Mitchel P. House, Jr., Melton, McKenna & House, Macon, Ga., for appellees, James H. Coleman and Mrs. James H. Coleman.

Before THORNBERRY, GODBOLD and MORGAN, Circuit Judges.

GODBOLD, Circuit Judge:

In a declaratory judgment suit to determine liability coverage on an automobile policy the jury found in favor of the insureds, the Livingstons, after the court refused the motion of the insurer for a directed verdict. The court subsequently denied motions for judgment n/o/v and for a new trial. The insurer, State Farm, appealed, and we reverse. The insurer's motion for directed verdict should have been granted, because as a matter of law Mrs...

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