Automobile Club Insurance v. Combs

MEMORANDUM

SWINFORD, District Judge.

This is a declaratory judgment action brought by an automobile liability insurance company for a judgment declaring its rights under an insurance policy.' The plaintiff has moved for summary judgment. It appears that there is no genuine issue as to any material fact. Rule 56, Federal Rules of Civil Procedure.

While the policy was in effect, and while John Combs was driving the owned automobile, it was involved in an accident. His wife, Lois Combs, and daughter, Lois M. Combs, were passengers and were fatally injured. Subsequently the administrators of the…