American Surety Company of New York v. Ralph E. Coblentz, as Administrator D.B.N. Of the Estate of Edward Thomas Coblentz, Deceased

THORNBERRY, Circuit Judge:

American Surety appeals from a summary judgment entered against it in a garnishment proceeding by which appellee Coblentz seeks to collect a $50,000 state court judgment rendered in his favor against appellant’s insured. We reverse.

Appellee Coblentz is the administrator of the estate of a young man fatally shot by one Carbone,, a. ipotel,proprietor, who was insured by appellant under an “Owner’s, Landlord’s and Tenant’s Liability Policy.” Under the bodily injury liability clause (“Coverage A”) of the policy, American Surety agreed:

To pay on behalf of the insured all…