Hudson Tire Mart, Inc. v. Aetna Casualty and Surety Company

BARTELS, District Judge:

Appellant, a New York corporation, instituted this action seeking declaratory and injunctive relief against the Aetna Casualty and Surety Company (“Aetna”) to restrain Aetna from examining appellant and conducting other discovery proceedings under the provisions of the “Cooperation Clause” of its standard form of fire insurance policy mandated by Section 168(6) of the Insurance Law of the State of New York, McKinney’s Consol. Laws, c. 28, on the ground that such an examination would deprive the appellant of due process under the Fourteenth Amendment. Jurisdiction was…