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TOWN OF KIMBALL v. AETNA CAS. & SUR. CO.

No. 81-1548.

667 F.2d 439 (1981)

TOWN OF KIMBALL (West Virginia, a municipal corporation), Appellee, v. AETNA CASUALTY AND SURETY COMPANY, a foreign corporation, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 16, 1981.

Attorney(s) appearing for the Case

Norris Kantor, John C. Parr, Katz, Kantor, Katz, Perkins & Cameron, Bluefield, W. Va., on brief, for appellee.

J. Strother Crockett, Tutwiler, Crockett, LaCaria & Murensky, Welch, W. Va., on brief, for appellant.

Before BUTZNER, Circuit Judge, FIELD, Senior Circuit Judge, and ERVIN, Circuit Judge.

PER CURIAM:

In this diversity action, Aetna Casualty and Surety Company appeals from a declaratory judgment of the district court holding that Aetna was obligated under the terms of its "Owners', Landlords' and Tenants' Liability Policy" to assume the defense of its insured, the Town of Kimball. We affirm.

Following his arrest by a member of the town's police department, an individual instituted an action naming the town and several of its employees as defendants...

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