Cotton Belt Insurance Company, Inc. v. K. M. Wall, Administrator of the Estate of Kenneth M. Wall, Deceased

GODBOLD, Circuit Judge:

James Rufus McCoy was employed by K. M. Wall at Wall’s pulpwood yard, located in Alabama. While operating a loader, McCoy ran over and fatally injured Kenneth Wall, age eight and one-half, the son of the employer. McCoy was prosecuted and convicted of manslaughter. Also McCoy was sued by Wall for damages for the wrongful death of the child. Cotton Belt then brought a declaratory judgment action against Wall and McCoy to determine whether it owed a defense and coverage to McCoy.

Cotton Belt claimed noncoverage on two grounds: (1) McCoy was not covered because he was not a…