Westphalen v. Bankers Indemnity Co.

HANEY, Circuit Judge.

The judgment from which this appeal was taken, adjudicated that appellee was not liable, under an automobile liability insurance policy issued by it, for damage resulting from an accident, and restraining prosecution of any proceedings on the policy.

An automobile accident occurred involving an automobile driven by the individual appellants and a truck and trailer covered by the insurance in question, issued by appellee. Appellee brought this action to obtain a judgment declaring that it had no liability for the damage resulting from the accident in question, because the…