Antone Teixeira, Glen A. Teixeira, and Mabel Jane Teixeira, Individually and as Guardian Ad Litem for Glen A. Teixeira v. Globe Indemnity Company

Before us is an appeal from a summary judgment in a diversity action entered in favor of Globe Indemnity Company, plaintiff in the District Court and appel-lee here, hereinafter called “Globe”, in a declaratory judgment action brought by Globe to determine the parties’ rights thereto under an automobile insurance policy issued to Antone Teixeira, one of the defendants below and one of the ap pellants here, hereinafter called “Insured.”

The facts are undisputed.

On January 5, 1961 Globe issued to insured a “Family Automobile Combination Policy” effective for one year. The policy provides that Globe will pay, up to the limits of the policy, all sums for which the Insured would become legally liable for bodily injury, including death, and for property damage for which the Insured would become legally liable, “arising out of the ownership, maintenance or use of the owned automobile or any non-owned automobile”; that Globe will pay, up to the limits of the policy, all medical expenses of persons injured while occupying either the owned automobile or a non-owned automobile, and Globe will defend any actions seeking damages payable under the terms of the policy.

The policy lists a…