James W. Turner, Sr., Administrator of the Estate of Sarah Burnice Miller v. Great American Insurance Company

PECK, Circuit Judge.

Plaintiff-appellant recovered a judgment entered on a jury verdict against an insured of the defendant-appellee in a court of the Commonwealth of Kentucky. He thereafter brought the present action to recover the amount of that judgment against the appellee as such indemnitor in a Kentucky court, from which it was removed to the District Court. There, pursuant to motion, summary judgment was entered for the defendant, and it is that judgment which we here review.

The action arose out of an accident allegedly resulting from the negligent operation of the driver of a truck…