Nina Jones v. Union Automobile Indemnity Association of Bloomington, Illinois, a Corporation

BREITENSTEIN, Circuit Judge.

This is a declaratory judgment action with jurisdiction based on diversity. Ap-pellee, Union Automobile Indemnity Association, herein referred to as insurer, sued appellant Jones and others to determine its liability under an automobile policy issued to one Smith for claims arising from a rear-end collision between the Smith car, driven by one Davis, and the car of one Hurd in which Jones was a passenger. The trial court held there was no liability and Jones appeals.

The insurer’s policy covered the named insured, Smith, and “any other person using such automobile,…