Provident Tradesmens Bank & Trust Co. v. Lumbermens Mutual Casualty Co.

KALODNER, Circuit Judge.

The instant declaratory judgment proceeding 1 was brought by Lynch’s Estate 2 to determine whether the coverage of a public liability policy issued by the defendant, Lumbermens Mutual Casualty Company, to an owner of an automobile, one Edward S. Dutcher, extended to the deceased Donald Cionci, who was driving the car at the time it was involved in an accident. The policy by its terms extended its coverage to any person operating Dutcher’s automobile with his permission at the time of the accident. The critical fact issue to be determined in the declaratory judgment…