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GREAT AMERICAN INSURANCE COMPANY v. MARSHALL

Civ. A. No. 66-715.

266 F.Supp. 208 (1967)

GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New York, Plaintiff, v. T. Keith MARSHALL, Jr., as Administrator of the Estate of James E. Darling, Robert B. Burns and Floyd L. Fonck, Defendants.

United States District Court D. South Carolina, Charleston Division.

March 30, 1967.

Attorney(s) appearing for the Case

Robert A. Patterson, of Barnwell, Whaley, Stevenson & Patterson, Charleston, S. C., for plaintiff.

Orian A. Manucy, of Maybank & Manucy, Charleston, S. C., for defendant Burns.

Lester E. Stringer, Charleston, S. C., for defendant Fonck.

Ira J. Bloom, of Pritchard, Myers & Morrison, Charleston, S. C., for defendants Marshall and Darling.

ORDER

HEMPHILL, District Judge.

The plaintiff instituted its action for a declaratory judgment determination whether it covered the defendant Fonck and was thus liable for an accident in which Fonck was driving Burns's 1963 Ford Thunderbird. Coverage as to Burns himself is not denied. Burns appeared specially, however, and moved to quash service of process as to him. Fonck is in default. The facts as revealed by the depositions introduced are as follows...

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