Chester Ellis Pendergraft, a Minor v. Commercial Standard Fire & Marine Co., a Corporation

HILL, Circuit Judge.

Commercial Standard Fire & Marine Company, appellee, brought this action in the court below against appellant, Pen-dergraft, for a declaratory judgment to determine its liability upon a comprehensive liability insurance policy. The trial court determined, under the facts in the case, that liability did not exist and Pendergraft has appealed.

The case was submitted below upon stipulated facts plus the deposition of the insured, Garringer. Those facts may be summarized as follows: On August 17, 1962, appellee issued a “Home Owners” policy of liability insurance to the parents…