United States Fidelity And Guaranty Company v. Earl E. Newman

656 F.2d 457 UNITED STATES FIDELITY AND GUARANTY COMPANY, A Maryland Corporation, Plaintiff- Appellee, v. Earl E. NEWMAN and Ray C. Newman, d/b/a Newman Construction Company, et al., Michael David Newman; Harold Hall, Personal Representative of the Estate of Deborah Hall, deceased; Harold Hall and Annabelle Hall, Husband and Wife; Timothy Overbey; Farmers Insurance Group, Inc., d/b/a Farmers Underwriters Association, Attorney in Fact for Farmers Insurance Exchange, Defendants-Appellants. No. 79-4796. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 7, 1981. Decided Sept. 14, 1981. Gregory H. Warner, Robert W. Gabriel, Great Falls, Mont., for defendants-appellants. Robert J. Emmons, Smith, Emmons, Baillie & Walsh, Great Falls, Mont., for plaintiff-appellee. Appeal from the United States District Court for the District of Montana. Before SNEED and BOOCHEVER, Circuit Judges, and ROTHSTEIN, * District Judge. BOOCHEVER, Circuit Judge: 1 This is a diversity suit in which United States Fidelity and Guaranty Company (USF&G) seeks a declaration of its rights under an insurance policy issued to Earl and Ray Newman, as a Montana partnership and as individuals.…