Mercantile Bank and Trust Company, Administrator of the Estate of Robert James Leary, Deceased v. The Western Casualty and Surety Company

MEHAFFY, Circuit Judge.

This appeal is from a summary judgment and involves the construction of an automobile insurance policy issued to “Robert Leary” (Robert James Leary) covering three automobiles, one of which was a Ford Thunderbird. The policy covered only comprehensive insurance on the Thunderbird as Leary had eliminated this car from its original liability coverage and obtained a refund of the pre-

mium on that account. On January 1, 1965, Mr. Leary while driving the Thunderbird had a head-on collision with another automobile, resulting in the loss of his life and the lives of three of…