Continental Insurance Co. v. Kenneth Bodie

OPINION OF THE COURT

WEINER, District Judge.

This is an appeal from the denial of plaintiff-appellant’s motion for summary judgment, grant of defendant-appellee’s cross-motion for summary judgment, and entry of judgment in favor of defendant-appellee and declaring defendant-appellee an insured driver under plaintiff-appellant’s liability insurance policy. Because we conclude that there are disputed issues of fact so that summary judgment was inappropriate in this matter, we shall remand for further proceedings.

I

On August 8, 1975, Earl Drummond (Drummond) rented an automobile for a three day…