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STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. BORG

No. 18966.

396 F.2d 740 (1968)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Charles BORG and Gillis Borg, Appellees.

United States Court of Appeals Eighth Circuit.

June 28, 1968.

Attorney(s) appearing for the Case

Ray G. Palmer of Palmer, Hood, Crassweller & McCarthy, Duluth, Minn., for appellant.

Robert Reutter, of Voorhees & Reutter, Pipestone, Minn., for appellee Charles Borg.

Clint Grose, of Mott, Grose, Von Holtum & Hefferan, Worthington, Minn., for appellee Gillis Borg.

Before MATTHES, MEHAFFY and LAY, Circuit Judges.

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...

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