Farley v. Farmers Insurance Exchange

TAYLOR, Justice.

This cause was submitted to the district court upon a stipulation of facts entered into by counsel for the parties, and upon the record of a prior action prosecuted by plaintiff (respondent) against one Ralph E. Schultz. Schultz was insured against public liability and property damage by the terms of an automobile insurance policy issued by defendant (appellant). Among the terms and conditions of the policy was the so-called standard “co-operation clause” as follows :

“The insured shall co-operate with the Exchange and, upon the Exchange’s request, shall attend hearings and…