Shelter Insurance Companies v. Spence

TOMLIN, Judge.

The plaintiff-insurer filed a declaratory judgment action in the Chancery Court of Benton County in connection with a fire loss under a homeowners policy of insurance, whereby plaintiff sought a determination as to whether the two defendants — the insured under the policy — should be required to give separate sworn statements, taken under the cooperation clause, apart from, and not in the presence of, each other. The chancellor held that if the plaintiff desired to take the insureds’ statements, it should take their statements in the presence of each other. We are of the opinion…