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UNITED STATES FIDELITY & GUARANTY CO. v. NEWMAN

No. 79-4796.

656 F.2d 457 (1981)

UNITED STATES FIDELITY AND GUARANTY COMPANY, A Maryland Corporation, Plaintiff-Appellee, v. Earl E. NEWMAN and Ray C. Newman, d/b/a Newman Construction Company, et al., Michael David Newman; Harold Hall, Personal Representative of the Estate of Deborah Hall, deceased; Harold Hall and Annabelle Hall, Husband and Wife; Timothy Overbey; Farmers Insurance Group, Inc., d/b/a Farmers Underwriters Association, Attorney in Fact for Farmers Insurance Exchange, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 14, 1981.

Rehearing Denied December 17, 1981.

Attorney(s) appearing for the Case

Gregory H. Warner, Robert W. Gabriel, Great Falls, Mont., for defendants-appellants.

Robert J. Emmons, Smith, Emmons, Baillie & Walsh, Great Falls, Mont., for plaintiff-appellee.

Before SNEED and BOOCHEVER, Circuit Judges, and ROTHSTEIN, District Judge.

BOOCHEVER, Circuit Judge:

This is a diversity suit in which United States Fidelity and Guaranty Company (USF&G) seeks a declaration of its rights under an insurance policy issued to Earl and Ray Newman, as a Montana partnership and as individuals. At issue is whether the liability provisions of the policy cover Earl's individually owned vehicle, and not listed on the policy. The automobile was driven by Earl's son, Michael. The district court,

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