Seaboard Fire & Marine Insurance v. Gibbs

HEMPHILL, District Judge.

This action is brought by the insurer of Daniel Gibbs for a declaration that no coverage was provided by their policy of automobile insurance for a two-vehicle collision in which Gibbs was involved. The case was submitted upon a stipulation of facts and the introduction into evidence the depositions of Gibbs and his employer, Aaron Whitney Leland. The facts stipulated are:

1. That on November 10, 1962, the Plaintiff issued to the Defendant Daniel Gibbs its liability insurance policy No. SA 370912 agreeing to insure the Defendant Daniel Gibbs against liability up to the…