W. Virgil Wise and Anita Wise v. Westchester Fire Insurance Company

MURRAH, Circuit Judge.

This diversity action was brought by Mr. and Mrs. Virgil Wise of Kansas, to recover damages due under the uninsured motorist coverage allegedly provided in a policy of insurance issued to Mr. Wise by Westchester Fire Insurance Company, a New York corporation. Mrs. Wise was the natural mother and Mr. Wise the stepfather of Ricky Eugene McCowan, who died as a result of being struck by an automobile driven by an uninsured motorist during the time the Westchester policy was in effect. E. E. McCowan, the natural father of the decedent, obtained a judgment against the…