Home Insurance v. Leavitt

Leavitt appeals from a judgment entered in favor of Home Insurance Company, Inc. (“Home”), after the district court granted Home’s motion for summary judgment.

Home had written a comprehensive liability policy (general-automobile) in favor of its assured, Cripple Creek Resort, Inc. (“Cripple Creek”), sometime prior to May 3, 1964. It undertook to defend and to indemnify its assured under terms and conditions stated in the policy. On May 3, 1964, William Leavitt was killed in an automobile accident near Fairbanks, Alaska. Leavitt was riding as a passenger in an automobile driven by Russell…