Ohio Casualty Ins. v. Murphy

MILLER, District Judge.

This action is brought by the Ohio Casualty Insurance Company under the provisions of the Declaratory Judgment Act (Section 274d of the Judicial Code, as amended, 28 U.S.C.A. § 400). The plaintiff seeks a declaration of its rights and liabilities with respect to an automobile liability insurance policy issued by it upon a motor truck owned and operated by the defendant Perry Murphy.

On and prior to July 7, 1938 Perry Murphy was employed by the defendant Sears, Roebuck & Company and as a part of that employment was required to operate his own motor truck and to carry…