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STATE FARM MUT. INS. CO. v. SCHWARTZ

No. 89-6290.

933 F.2d 848 (1991)

STATE FARM MUTUAL INSURANCE COMPANY, an Illinois corporation, Plaintiff-Appellant, v. Charles SCHWARTZ; Glenda Schwartz, Individually and as Mother and Next Friend of Carla Schwartz, Mark Schwartz, and David Schwartz, Defendants-Appellees. Oklahoma Farmers Union Mutual Insurance Company, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

May 13, 1991.

Attorney(s) appearing for the Case

Don Manners, Michael Mannes, William J. Molinsky, Jr., and Orlando M. Hernando, Oklahoma City, Okl., for plaintiff-appellant.

David A. Davis and John L. Collinsworth, Oklahoma City, Okl., for defendants-appellees.

Mort G. Welch of Abowitz & Welch, Oklahoma City, Okl., for amicus curiae.

Before MCKAY and MOORE, Circuit Judges, and BROWN, District Judge.

JOHN P. MOORE, Circuit Judge.

State Farm filed this action in district court seeking a declaratory judgment that it is not obligated to defend or indemnify Glenda Schwartz in an Oklahoma state court action filed against her by her children. The children brought suit against their mother alleging that her negligent driving resulted in their injury. The district court granted summary judgment in favor of the Schwartz children...

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