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STATE FARM MUTUAL INSURANCE CO. v. HILDERBRANDT

No. 71-1093.

446 F.2d 504 (1971)

STATE FARM MUTUAL INSURANCE CO., an Illinois Corporation, Plaintiff-Appellant, v. Duane A. HILDERBRANDT, Administrator of the Estate of Nettie M. Bunker, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

July 15, 1971.

Attorney(s) appearing for the Case

Robert W. Stocker, II, Lansing, Mich., for plaintiff-appellant; Eugene F. Townsend, Jr., Fraser, Trebilcock, Davis & Foster, Lansing, Mich., on brief.

William J. Waddell, Grand Rapids, Mich., for defendants-appellees; Dilley & Dewey, A. Newton Dilley, Grand Rapids, Mich., on brief.

Before PHILLIPS, Chief Judge, and McCREE and MILLER, Circuit Judges.

PER CURIAM.

The insurance company filed a suit for declaratory judgment as to its liability under an automobile insurance policy.

Jurisdiction is based on diversity of citizenship. Michigan law controls.

The only issue on this appeal is whether the District Court abused its discretion in dismissing the suit.

The insurance policy provided liability coverage for an automobile owned by a husband and wife. The parents gave their teenage son permission...

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