Allstate Insurance v. United States Fidelity & Guaranty Co.

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

Introduction

This is a declaratory judgment action filed by Allstate Insurance Company against United States Fidelity and Guaranty Company, Dennis K. Cumpton and Linda Cumpton and Jeffrey Gourley. The court has jurisdiction by reason of diversity of citizenship and sufficient jurisdictional amount. 28 U.S.C. § 1332. The case was tried to the court on June 9, 1987.

The Facts

Many of the facts are disputed, but the evidence proves, unequivocally, if nothing else, that young men often make incredibly bad choices, especially when drinking. The two…