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AM. HOME ASSUR. CO. v. ERIE INS.

[No. 12, September Term, 1968.]

252 Md. 116 (1969)

248 A.2d 887

AMERICAN HOME ASSURANCE CO. v. ERIE INSURANCE EXCHANGE, ET AL.

Court of Appeals of Maryland.

Decided January 14, 1969.

Attorney(s) appearing for the Case

Thomas A. Farrington, with whom were Sasscer, Clagett, Powers & Channing on the brief, for appellant.

James T. Wharton, with whom were McCarthy & Wharton on the brief, for appellee Erie Insurance Exchange.

No brief filed for appellee William E. Chaney.

The cause was argued before HAMMOND, C.J. and MARBURY, BARNES, McWILLIAMS, SINGLEY and SMITH, JJ.

SMITH, J., delivered the opinion of the Court.

The sole question presented in this case is whether appellee (Erie) was obliged to defend Lawrence Wayne Heiston1 as a result of an accident which took place on June 27, 1965. Heiston was operating the vehicle of William E. Chaney. The pertinent portion of Chaney's policy issued by Erie read:

"PERSONS INSURED "The following are Insureds under Part I: "(a...

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