L. G. Simon, Doing Business as Simon Electric Company v. Maryland Casualty Company

JOHN R. BROWN, Circuit Judge:

The question in this case is whether the defense coverage provisions and no action clause of a general liability policy are to be read so literally that an assured, who in an adversary proceeding has been adjudicated guilty of negligence by a constitutional court, 1 is denied any coverage because the suit was by, not against, him and no affirmative monetary judgment was rendered against him. The District Court in this declaratory judgment action held no coverage. We disagree and reverse.

The facts, ■ neither complex nor conflicting, may be briefly capsulated to…