Kravat v. Indemnity Ins. Co. of North America

MARTIN, Circuit Judge.

On an appropriate allegation of diversity of citizenship of the parties, Leo Kravat and Bert Wilkinson, copartners doing business as Ace Painting Company, brought suit in the United States District Court against their insurer, the Indemnity Insurance Company of North America, under a contractor’s liability insurance policy, for reimbursement in the amount of a Michigan state court judgment rendered against them in a tort action. They prayed recovery, also, of their proper costs. Upon the trial of the case, when the plaintiffs rested, the defendant, without offering any…