Bankers Fire & Marine Insurance Co. v. Andy Sampley and Ruth A. Sampley

PHILLIPS, Chief Judge.

The appellant insurance company made payment under the uninsured motorist provision of an automobile liability insurance policy. The company was the insurer of an automobile owned by one Wallin which was involved in an accident on January 25, 1965, with an automobile driven by Michael Sampley, the minor son of the defendants-appellees. The automobile operated by Sampley was not owned by his parents and was not being used on their business or for a family purpose at the time of the accident.

A judgment was obtained against young Sampley in a State court but was not…