Maria Crespo v. Fireman's Fund Indemnity Company and Fireman's Fund Insurance Company

Maria Crespo, appellant herein, obtained a consent judgment in the amount of $35,000 in the First Circuit Court of Hawaii against one Gus Nakamoto, the judgment being predicated upon a complaint alleging that Nakamoto, while negligently operating an automobile caused the death of one upon whom appellant was dependent. Appellant subsequently brought an action in the United States District Court for the District of Hawaii against appellees to recover un der an insurance policy that had been issued to Nakamoto. The ease was tried before a jury, a verdict being returned upon interrogatories for appellees. A judgment was entered in favor of appellees and a timely notice of appeal therefrom filed by appellant with this court. The district court had jurisdiction by virtue of diversity of citizenship of the parties and the existence of the requisite jurisdictional amount. We have jurisdiction under the provisions of 28 U.S.C. § 1291 .

The insurance policy in question described a Buick passenger automobile as the insured vehicle, but extended coverage to any other vehicle driven by Nakamoto except (1) a vehicle while used for the towing of any trailer owned or hired by the insured; (2)…