Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Indiana Lumbermens Mutual Ins. v. Mitchell

March 20, 1969

INDIANA LUMBERMENS MUTUAL INS., CO., PLAINTIFF - APPELLEE,
v.
MITCHELL ET AL., DEFENDANTS - APPELLANTS



Castle, Chief Judge, Swygert and Cummings, Circuit Judges.

Author: Castle

CASTLE, Chief Judge.

This declaratory judgment action*fn1 was brought to determine which of two insurance companies provided coverage to the driver of an automobile which was loaned by an automobile agency for the use of the driver while his car was being repaired. On September 13, 1963, while driving the automobile loaned to him by Matthews Chevrolet Company, Michael Bresnahan struck a bridge railing with the car, causing the death of one of his two passengers and injury to the other. The accident occurred in Illinois. The Chevrolet Company was insured by Indiana Lumbermens Mutual Insurance Company (Lumbermens) and Bresnahan was insured by Allstate.

Two state court suits were filed against Bresnahan and the Matthews Chevrolet Company. The first, filed by Bonnie Mitchell, the injured passenger, alleged that Bresnahan was willfully and wantonly negligent and that Matthews was negligent. Verdict and judgment were rendered against Bresnahan for $18,000 and costs and verdict and judgment were rendered in favor of Matthews. The second suit was filed by the administrator of Viola Huckenstine, the passenger who was killed, and involved similar actions by Bresnahan and Matthews. That suit is still pending.

Although Lumbermens assumed the defense of Matthews in both cases, it refused to defend Bresnahan on the ground that Bresnahan was not insured under its policy since he was covered by Allstate. Allstate then assumed Bresnahan's defense in both cases. The relevant clauses in the policies read as follows:

"ALLSTATE.

Limits of Liability:

A) Bodily Injury Liability

$10,000 -- each person

20,000 -- each occurrence

PART I -- Automobile Liability Insurance

Coverage A -- Bodily Injury.

Coverage B -- Property Damage.

Allstate shall pay for an insured all damages which the insured shall be legally ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.