State Farm Mutual Automobile Insurance v. Automobile Underwriters, Inc.

MEMORANDUM ENTRY ON DECLARATORY JUDGMENT

STECKLER, Chief Judge.

This is an action for declaratory judgment brought by State Farm Mutual Automobile Insurance Company against Automobile Underwriters, Inc., for a declaration of the respective rights and obligations of the parties under policies of automobile liability insurance issued by Automobile Underwriters to Wilbur C. Odie and by State Farm Mutual to David Franklin.

The Facts of the Case

James W. Odie owned a 1955 Pontiac which he used and maintained in Tucson, Arizona, where he attended the University of Arizona and was employed part time as…