Fidelity and Casualty Company of New York v. Edith Joyce Murray Lott

TUTTLE, Circuit Judge.

This is an appeal from a judgment in favor of the survivors of a person killed in connection with an unusual use of an insured automobile. Stating the factual situation as related in the brief of the appellant insurance company:

“Davies, the named insured in a policy of liability insurance issued by Appellant, and three companions were in search of game on a mountainous road in Colorado. Spying three deer slightly below and to their right, Davies brought the insured vehicle to a stop and emerged with his rifle on the left hand side of the vehicle. Leaning over and against…