Republic Mutual Insurance v. State Farm Mutual Automobile Insurance

OPINION

DENNIS R. KNAPP, District Judge.

Plaintiff instituted this declaratory judgment action asking this court to declare and determine the rights and liabilities of the parties to this action under certain policies of automobile liability insurance. The facts germane to the issue involved in this case are not in dispute.

On July 9, 1971, defendant Robert Ray Jones, while driving a 1962 Plymouth automobile owned by defendant Mona E. Flesh-man, collided with an automobile operated by Verna Lilly. As a result of the accident, Verna Lilly was killed.

At the time of the accident, Fleshman was a…