Moldovan v. United States Fidelity & Guaranty Co.

Isidob Wassebvogel,

Spec. Ref. Plaintiffs seek a declaratory judgment determining that defendant, pursuant to the terms of a personal liability policy issued by it, is under a legal duty to defend plaintiffs and save them harmless from any judgment which may be obtained against them in a pending negligence action, to the extent of the coverage set forth in said policy.

On or about October 12,1955, a young boy of 9 or 10 entered plaintiffs’ premises to retrieve a ball with which he had been playing. At this time, plaintiffs kept a boxer dog on a chain in their back yard. On the boy’s second…