Farmers Automobile Ins. Ass'n v. Hamilton

The plaintiff-appellee, The Farmers Automobile Insurance Association, filed suit for declaratory judgment against Gaston Hamilton, defendant, and John Hogan, defendant-appellant, denying liability under a certain homeowner’s policy of insurance arising out of a shooting incident. The court granted appellee’s motion for summary judgment, finding that appellee was not liable under its homeowner’s policy of insurance issued to Hamilton; only Hogan has appealed.

The complaint for declaratory judgment alleges that on February 7, 1970, Gaston Hamilton “assaulted” John Hogan, the appellant by…