Lumbermens Mutual Casualty Company v. Lola B. Chapman

ALBERT V. BRYAN, District Judge.

Failure of the insured to “cooperate” in the defense of the appellee’s personal injury action against the insured in the State court is pleaded in the present case by Lumbermens Mutual Casualty Company, the insurer, as the ground for its refusal to honor the appellee’s judgment in the State action. Upon a jury’s verdict acquitting the insured of any delinquency on this score, the District Court ordered the insurer to pay the judgment within the insurance limits. Lumbermens appeals on the assignment that the insured’s want of cooperation conclusively appears…