John Tenopir v. State Farm Mutual Co.

Tenopir appeals from a judgment of dismissal entered following the granting of a motion to dismiss for failure to state a claim. Jurisdiction is based upon diversity of citizenship and the law of Alaska is applicable.

We state the substance of the allegations of the complaint, which must be taken as true on this appeal. Tenopir, while riding in the back seat of his own car, was seriously injured in an accident while the car was being driven by one Golliheair. Tenopir sued Golliheair, claiming that the latter’s negligence caused the accident. Tenopir had a policy of automobile insurance, issued by appellee State Farm Mutual Automobile Insurance Company. Defense of the action was tendered to State Farm, which declined to defend. Tenopir recovered judgment against Golliheair, by stipulation, and Golliheair then assigned his rights against State Farm to Tenopir. The sole question is whether Tenopir’s claim against Golliheair is covered by State Farm’s policy. The district court held that it is not. We affirm.

The material portions of the policy, which is an exhibit to the complaint, are as follows:

P. 1:

P. 2:

P. 3:

P. 4:

P. 9:

Golliheair is an “insured” as defined on page 3…