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NATIONAL FARMERS UNION STANDARD INS. v. MORGAN

Nos. 91-3370, 91-3481.

966 F.2d 1250 (1992)

NATIONAL FARMERS UNION STANDARD INSURANCE COMPANY, Appellant and Cross-Appellee, v. Walker Stanley MORGAN, Appellee, Brenda Morgan, Individually and as Parent, Next Friend, and Natural Guardian of Danny D. Stultz, Jr., a minor, Clarence Alford, Jr., Individually and as Legal Custodian of Danny D. Stultz, Jr., a minor, Appellees and Cross-Appellants, Leslie M. Greenhaw, James McCauley, as Guardian ad Litem of Billy Stultz, a minor, Linda Cummings, as Parent, Next Friend, and Natural Guardian of Sharon Bledsoe, a minor, Jimmy Ray McKee, Individually and as Parent, Next Friend, and Natural Guardian of Gina McKee, a minor, and as Administrator of the Estate of Heather McKee, deceased, Linda McKee, and Robin McKee, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 15, 1992.

Rehearing and Rehearing Denied July 30, 1992.

Attorney(s) appearing for the Case

Martin Wayne Bowen, West Memphis, Ark., argued, for appellant and cross-appellee.

B. Michael Easley, Forrest City, Ark., argued, for appellee Linda Cummings.

Bob R. Brooks, Jr., North Little Rock, Ark., argued, for appellees and cross-appellants Clarence Alford and Brenda Morgan.

Bob R. Brooks, Jr., North Little Rock, Ark., on brief for appellees.

Before JOHN R. GIBSON, Circuit Judge, BEAM, Circuit Judge, and HUNGATE, Senior District Judge.

Rehearing and Rehearing En Banc Denied July 30, 1992.

HUNGATE, Senior District Judge.

These cross-appeals arise from an action brought by the appellant insurer seeking a declaratory judgment that it has no duty to defend or to pay any judgment rendered in a state court action against appellees/cross-appellants Clarence Alford, Jr. ("Clarence"), Brenda Morgan ("Brenda") and Danny D. Stultz, Jr. ("Danny").1 The underlying state court...

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