Iowa Home Mutual Casualty Co., a Corporation v. Marian Fulkerson, Sometimes Known as Marian Baker, by Lynn Baker, Her Next Friend, and Frank C. Seavey

BREITENSTEIN, Circuit Judge.

Appellant, defendant below and herein referred to as Insurance Company, denied liability on its automobile insurance policy on the ground that the insured failed to cooperate in the defense of a state court action involving the operation of the insured automobile. The trial court rejected the defense of failure to cooperate and gave the appellees, plaintiffs below and herein so designated, judgment in the amounts which they had recovered in the state court.

The policy was issued to Francine Pol and covered a 1946 Oldsmobile. On September 28, 1953, Alfred Pol, the…