OHIO FARMERS INSURANCE COMPANY v. LANDFRIED

Civ. A. No. 71-967.

348 F.Supp. 486 (1972)

OHIO FARMERS INSURANCE COMPANY, a corporation, Plaintiff, v. Joseph H. LANDFRIED, a minor, by Ross E. Landfried, his parent and natural guardian, and Ross E. Landfried and Elizabeth R. Landfried, his parents in their own rights, et al., Defendants.

United States District Court, W. D. Pennsylvania.

September 14, 1972.


Attorney(s) appearing for the Case

William R. Tighe, Pittsburgh, Pa., for plaintiff.

Raymond W. Cromer, Pittsburgh, Pa., for Landfrieds.

Robert S. Grigsby, Pittsburgh, Pa., for Federal Laboratories, Inc.

Carl M. Kerchner, Ambridge, Pa., for Borough of Leetsdale.

Raymond G. Hasley, Pittsburgh, Pa., for Michael Poninsky.

Charles Kirshner, Pittsburgh, Pa., for Erie Ins. Exch.


OPINION

WEIS, District Judge.

The most vigorously contested issue in this declaratory judgment proceeding is whether the word "use" in an automobile liability insurance policy makes the carrier responsible for payment of damages for an incident which occurred within a police car listed in the policy. We hold that under the facts in this case coverage does apply.

The tragedy which led to this litigation occurred on June 10, 1967 when 12 year old Joseph...

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