A. C. Green, Jr., and H. H. Parker, Individually and as Partners, G & G MacHine Works v. Aetna Insurance Company

JOHN R. BROWN, Circuit Judge.

This appeal challenges a declaratory judgment rendered on the Insurer’s motion for summary judgment, F.R.Civ.P. 56, declaring that the Insurer is not obligated to defend a damage suit or pay any judgment rendered therein. Although the specific issue presented is the construction and application of policy terms, our disposition is affected by principles which bear on granting declaratory relief. 28 U.S.C.A. § 2201.

The Insurer 1 issued to the Assured 2 a standard Texas Comprehensive General Liability (CGL) policy. Consistent with its name, its coverage for personal…