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NATIONWIDE MUT. INS. CO. v. BROWN

No. 85-1205.

779 F.2d 984 (1985)

NATIONWIDE MUTUAL INSURANCE COMPANY, Appellee, v. Mary Melissa BROWN, etc., et al. a minor under the age of fourteen (14) years and James E. Hunter, administrator of the Estate of Lynda S. Brown, Deceased, Appellants, and Toby A. Brown, Aaron Proctor and Anne K. Dunn, Defendants, and Insurance Company of North America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 18, 1985.

Attorney(s) appearing for the Case

Frank A. Barton (Oswald & Floyd, West Columbia, S.C., on brief), for appellants.

Steven W. Ouzts (Turner, Padget, Graham & Laney on brief) and James B. Lybrand, Jr. (Robert A. McKenzie, McDonald, McKenzie, Fuller, Rubin & Miller, Columbia, S.C., on brief), for appellees.

Before PHILLIPS and SNEEDEN, Circuit Judges, and BOYLE, United States District Judge for the Eastern District of North Carolina, sitting by designation.

JAMES DICKSON PHILLIPS, Circuit Judge.

This diversity case involves the potential coverage, under South Carolina law, of three automobile policies in respect of a collision and a fatal shooting. The claimants, the estate and daughter of the shooting victim, appeal the grant of summary judgment for the insurance companies. The district court found that the policies provided no coverage for the shooting on the basis that the shooting-caused injuries did not arise out...

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