United States Fidelity and Guaranty Company, a Corporation v. Roscoe B. Smith and Ida Smith, Ronald G. Callahan, Harold L. Smith and Ruth Smith

MERRILL, Circuit Judge.

Appellant commenced this action to obtain a judgment declaring that appellee Callahan was not insured by appellant at the time and place of an accident which occurred on March 28, 1957. Jurisdiction is based upon diversity of citizenship. The District Court, sitting without a jury, concluded that Callahan was insured and entered judgment in favor of appellees. This appeal is taken from that judgment.

If Callahan was insured, it was under the terms of a policy issued by appellant to appellee Roscoe B. Smith. The omnibus clause of that policy extended coverage to “any…