John W. Kraus, Jr., Administrator of the Estate of Linda E. Kraus, Deceased v. Allstate Insurance Company, a Corporation

GERALD McLAUGHLIN, Circuit Judge.

On July 25, 1957, Arthur H. Depew, now deceased, was the insured under an automobile liability insurance policy issued by appellee, Allstate Insurance Company, an Illinois corporation. The coverage was in the amount of up to $5,000 for bodily injury sustained by one person and up to $10,000 when more than one person was injured. The policy provided, inter alia:

“Allstate will pay for an insured all damages which the insured shall be legally obligated to pay because of:

A. bodily injury sustained by any person, and arising out of the ownership, maintenance or…