Bobby S. Brown v. State Farm Mutual Automobile Casualty Insurance Company

LEWIS R. MORGAN, Circuit Judge:

Bobby S. Brown, plaintiff in a suit against State Farm Mutual Automobile Casualty Insurance Company for breach of contract for failing or refusing to defend him under an insurance policy, appeals from a grant of summary judgment in favor of the company. We reverse and remand.

I

Cast in a light most favorable to the plaintiff, the facts are these. Brown, who had been insured by State Farm continuously since the age of 21, was involved in an automobile accident on July 17, 1967, in which one “Melton” was injured. Brown promptly gave notice of the accident to the…