Citations
- 81 F. Supp. 895
Full opinion text
REEVES, Chief Judge.
The defendants have filed a motion for summary judgment on the two-fold ground “(a) That plaintiff’s time to file brief in support of its complaint has expired”, and, “(b) That there is no genuine issue as to any matter of fact and that defendants are entitled to judgment as a matter of law.”
After filing the motion for summary judgment the plaintiff submitted its brief and joined issue on questions of law with the defendants. On October 18th, last, during the session of the regular term of court in the Central Division at Jefferson City, the parties (except of course the plaintiffs in the state court, Geraldine Edwards Reid and C. P. Reid her husband) stipulated that they would submit the case upon an Agreed Statement of Facts. This was done on November 29, 19481 Both parties have now supplied briefs in support of their legal contentions on the facts agreed upon. Subdivision (b) of the defendants’ motion for a summary judgment is as follows : “That there is no genuine issue as to any matter of fact and that defendants are entitled to judgment as a matter of law.”
Since the parties have agreed upon the facts, it would follow that only legal questions are raised and both parties have asked for the identical relief covered by the quoted portion of the motion for a summary judgment.
From the agreed statement of facts and from the pleadings it appears that Dalton Coal and Material Company was at all times mentioned in the pleadings engaged in the retail coal business in the City of Columbia, Missouri, and that deliveries of coal were made by trucks operated by employees of the said Dalton Coal and Material Company. For its protection against liability, on January 22, 1947, it obtained from the plaintiff a policy of liability insurance for the term beginning February 1, 1947 and ending February 1, 1948. By the terms of this policy, and for a stipulated premium, the plaintiff agreed to indemnify the assured for liability claims established against it, not exceeding $20,000 for bodily injury on each person, or an aggregate of $40,000 in any one accident for all persons. The policy covered the delivery trucks used by its assured in delivering coal to its customers. The policy was characterized as a “Comprehensive Automobile Liability Policy.” By the specific terms of the policy the plaintiff agreed:
“I. To pay on behalf of the insured all sums which the insured shall become obligated to pay by reason of the liability imposed upon him by law for damages, * * * because of bodily injury * * * sustained by any person or persons, caused by accident and arising out of the,ownership, maintenance ar use of