Missouri General Insurance Company v. John David Youngblood and Roger Gayden, Etc.

GEWIN, Circuit Judge:

The appellant, Missouri General Insurance Company (Company), commenced this action for declaratory judgment pursuant to 28 U.S.C. § 2201 in order to ascertain the validity of an “offset” provision included in a policy issued by it to Floyd Thornberg, the owner of a pick-up truck involved in a collision with an uninsured motorist. Thornberg’s son, the driver of the truck at the time of the collision, was killed, and his passengers, the appellees, demand payment in settlement of the Company’s obligations under both the uninsured motorist and bodily injury liability…