NATIONWIDE INS. CO. v. HUNLEY

No. 89-16070.

915 F.2d 557 (1990)

NATIONWIDE INSURANCE COMPANY, an Ohio corporation, Plaintiff-Appellant, v. Joe David HUNLEY; Raymond Clarfield; Rebecca Clarfield, individually and as surviving heirs of Gail Vivian Clarfield, deceased; Wendy Travis, individually and as personal representative of the Estate of Michael Anthony Travis, deceased; Amber C. Travis; Benjamin J. Travis; Keri A. Travis, minors, individually, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 2, 1990.


Attorney(s) appearing for the Case

Gail Y. Norton, Ropers, Majeski, Kohn, Bentley, Wagner & Kane, San Francisco, Cal., for plaintiff-appellant.

Walter H. Walker, III, San Francisco, Cal., for defendants-appellees.

Before WIGGINS and LEAVY, Circuit Judges, and STEPHENS, District Judge.


WIGGINS, Circuit Judge:

Nationwide Insurance Company appeals the district court's declaratory judgment following a bench trial that Nationwide must indemnify Joe David Hunley, a permissive user of a car insured under a Nationwide policy issued to Michael Travis. We have jurisdiction under 28 U.S.C. § 1291 (1982). We reverse and remand.

BACKGROUND

The district court found the following facts:

Nationwide issued an insurance policy to Travis...

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