State Farm Mutual Automobile Insurance Company v. Charles Borg and Gillis Borg

MATTHES, Circuit Judge.

The basic issue litigated in the District Court was whether State Farm Mutual Automobile Insurance Company (State Farm) was obligated to pay a judgment obtained by appellee Gillis Borg against appellee Charles Borg, an additional insured under an “omnibus clause” of a policy issued by State Farm. It disclaimed liability on the ground that the protection afforded by its policy of insurance did not apply by virtue of a provision in that policy excluding from coverage bodily injury “to the insured or any member of the family of the insured residing in the same household as…