Fireman's Fund Insurance v. Dunlap

LEWIS, District Judge.

This is an action for declaratory judgment brought by Fireman’s Fund Insurance Company alleging that it has no duty under an automobile liability insurance policy to defend or pay judgments obtained in any actions arising out of the deaths of Earl Williamson and H. C. Sanders.1 Both Sanders and Williamson were killed when struck on October 14, 1961 by an automobile owned by the insured, C. K. Dunlap and Katherine Dunlap. Fireman’s Fund Insurance Company alleges that it has no obligation under the policy because the automobile was being used at the time without permission…