Phillips v. Lagaly

HUXMAN, Circuit Judge.

The National Farmers Union Property and Casualty Company, herein called the company, instituted this action against John A. Lagaly, George Wayne Kelley, a minor, and Mary Cleo Phillips, his guardian, seeking a declaratory judgment that the company was not obligated under its insurance policy to defend the defendant Lagaly in a damage action in the state court of Oklahoma, instituted by Wayne Kelley and his guardian, and was not obligated to pay any final judgment against him in that action. Trial was had to a jury. At the conclusion of all the evidence, the company moved…