Raymond E. Horn, Jr. v. American Employers' Insurance Company

AINSWORTH, Circuit Judge:

In this appeal from a summary judgment in favor of defendant the questions we must resolve are whether the district court correctly ruled that under Louisiana law a child nearly four years old is incapable of negligence and whether the defense of infancy is also available to the liability insurer of the tort-feasor minor. We affirm.

This Louisiana diversity suit was brought originally by Mrs. Ethel Parker Underwood, grandmother of the infant child, Stacy Ann Horn, against the liability insurer of the child’s father, Dr. Raymond E. Horn, Jr. The policy also covers the…