Commonwealth of Kentucky v. Maryland Casualty Co. of Baltimore

HAMILTON, Circuit Judge.

This is an appeal from a summary judgment entered pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S. C.A. following section 723c. The issues arise under substantially the following circumstances :

Jesse W. Franklin, a resident of Ohio and the owner of an automobile, was the assured under a liability policy of appellee, The Maryland Casualty Company of Baltimore, Maryland, which policy, among othe r things, provided:

“Against loss from liability imposed by law upon the Assured for damages * *

“The insurance provided by this Policy is hereby made available…