State Farm Mutual Automobile Insurance Co., a Corporation v. Coleman C. Murnion and Virginia Murnion

EUGENE A. WRIGHT, Circuit Judge:

The insurer, State Farm, brought action under the Federal Declaratory Judgment Act, 28 U.S.C. § 2201, to obtain a determination of its liability for a claim under a policy of insurance issued to defendants Murnion. After trial to a jury, judgment was entered that the policy did cover the claim, and the insurer has appealed. We affirm.

The insured vehicle, being driven by Mrs. Murnion, was involved in a collision at an icy intersection in Jordan, Montana, in March 1965. It struck the left side of a pickup truck driven by Merle Drane. The Murnion car was dented…