State Farm Mutual Automobile Insurance Co., a Corporation v. Coleman C. Murnion and Virginia Murnion

The insurer, State Farm, brought action under the Federal Declaratory Judgment Act, 28 U.S.C. § 2201 , to obtain a determination of its liability for a claim under a policy of insurance issued to defendants Murnion. After trial to a jury, judgment was entered that the policy did cover the claim, and the insurer has appealed. We affirm.

The insured vehicle, being driven by Mrs. Murnion, was involved in a collision at an icy intersection in Jordan, Montana, in March 1965. It struck the left side of a pickup truck driven by Merle Drane. The Murnion car was dented slightly but never repaired and damage to the Drane vehicle was estimated at “something around $94,” but that, too, was not repaired. A local police officer was called to the scene, made some investigation and took notes on the accident, but cited neither driver for a traffic violation. Apparently, he made no formal report and his notes were lost, he having died before trial.

The questioned liability here does not involve property damage but rather personal injury sustained by ' Mr. Drane. At the accident scene, he showed no signs of injury and said nothing to Mrs. Murnion to indicate that he might be hurt. She was unhurt.…