Ai Baumler and Shirley Thompson Baumler, His Wife v. State Farm Mutual Automobile Insurance Company, Ai Baumler and Shirley Thompson Baumler, His Wife v. State Farm Mutual Automobile Insurance Company

493 F.2d 130 AI BAUMLER and Shirley Thompson Baumler, his wife, Plaintiffs-Appellees, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant. AI BAUMLER and Shirley Thompson Baumler, his wife, Plaintiffs-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee. Nos. 72-1467, 72-1486. United States Court of Appeals, Ninth Circuit. March 4, 1974. Leroy W. Hofmann (argued), Kenneth S. Scoville, Phoenix, Ariz., for appellant State Farm Mutual Automobile Insurance Co. Robert G. Begam (argued), and Jack Levine, of Langerman, Begam & Lewis, Phoenix, Ariz., for appellee Baumler. Before MERRILL and CHOY, Circuit Judges, and EAST, * District judge. CHOY, Circuit Judge: 1 This diversity case, involving an appeal and cross-appeal by the parties, is the latest of several actions by Shirley Thompson Baumler to recover for personal injuries suffered in a 1959 auto accident. We reverse as to the appeal of State Farm Mutual Automobile Insurance Company and affirm as to the cross-appeal of Baumler. 2 Baumler was injured while riding in a car driven by Joel Bailleres who was an additional insured on a policy, which provided maximum liability coverage of…