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ST. PAUL FIRE AND MARINE INSURANCE COMPANY v. LACK

No. 15204.

443 F.2d 404 (1971)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Appellee, v. Herbert Phillip LACK, Appellant, and Charles M. Ivey, Administrator of the estate of Mary Carolyn Lack, Deceased, Intervening Defendant.

United States Court of Appeals, Fourth Circuit.

Decided June 15, 1971.

Attorney(s) appearing for the Case

Michael Kent Curtis, Greensboro, N. C. (Norman B. Smith, Greensboro, N. C. [Court-assigned counsel] and Smith & Patterson, Greensboro, N. C., on the brief), for appellant.

William D. Caffrey, Greensboro, N. C. (Eugene W. Purdom and Jordan, Wright, Nichols, Caffrey & Hill, Greensboro, N. C., on the brief), for appellees.

Before BOREMAN, WINTER and BUTZNER, Circuit Judges.

BOREMAN, Circuit Judge:

Mr. and Mrs. Herbert Phillip Lack were insured by St. Paul Fire and Marine Insurance Company (hereafter St. Paul) under a homeowner's policy which provided, in part, that St. Paul agreed to pay on behalf of the insured all damages for which the insured might become legally obligated resulting from the infliction of bodily injury and to defend suits against the insured brought for the recovery of damages resulting from bodily injury. However...

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