Dorothy Milam Jernigan v. Allstate Insurance Company

CAMERON, Circuit Judge.

The forceful petition for rehearing makes it desirable that the principles upon which the decision is based be brought into sharper focus. Basically this liability policy covered accidents, indemnifying each and all of those insured (whether named or “omnibus”) against payment of any damages caused by any and all accidents arising from use of the insured automobile. Specifically, therefore, the court below and we were called upon to decide whether that term embraced a deliberate assault not provoked by the assaultee.

The answer to that question was yes. The law had…