Seaboard Fire & Marine Insurance Company v. Daniel Gibbs

BUTZNER, Circuit Judge:

Seaboard Fire & Marine Insurance Company appeals a declaration that it is required to defend and respond in damages that its insured may suffer under provisions relating to a non-owned automobile found in a liability insurance policy issued Daniel Gibbs.1 We believe the policy did not afford coverage, and reverse.

Gibbs, a farm hand driving his employer’s truck, injured Thaddeus Brisbane. Seaboard insured Gibbs against liability arising out of use of his own pickup truck (not here involved) and some, but not all, non-owned automobiles. Seaboard refused to defend…