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AMERICAN SERVICE MUTUAL INSURANCE COMPANY v. BOTTUM

No. 18439.

371 F.2d 6 (1967)

AMERICAN SERVICE MUTUAL INSURANCE COMPANY, a Corporation, Appellant, v. Joe BOTTUM, III, Special Administrator of the Estate of Walter William Schwantes, Deceased, Matthew Spirit Track, Marilyn Black Bonnett Roubideaux and Lumbermens Mutual Casualty Company, Appellees.

United States Court of Appeals Eighth Circuit.

January 17, 1967.

Attorney(s) appearing for the Case

Carleton R. Hoy, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for appellant.

Merle Johnson, of Woods, Fuller, Shultz & Smith, Sioux Falls, S. D., for Lumbermens Mut. Cas. Co.

Charles Poches, Jr., of Roubideaux, Poches & Reade, Fort Pierre, S. D., for Joe Bottum, III, and others.

Before MATTHES and LAY, Circuit Judges and HARPER, District Judge.

LAY, Circuit Judge.

This constitutes another of the multitude of declaratory actions under Tit. 28, U.S.C. § 2201, where an insurance company, after premium is paid, attempts to abort its policy when a loss occurs. The trial court found against the carrier and we must affirm.

One Serge Alvarez was issued an automobile liability policy by appellant, American Service, on November 18, 1963, while stationed in Memphis, Tennessee, with the military service...

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