Elliott v. Metropolitan Casualty Insurance

LEWIS, Circuit Judge.

Appeal is taken from a judgment of the United States District Court for the District of Kansas,1 2summarily entered holding that appellees are relieved from any obligation under an automobile liability insurance policy because of the insured’s breach of the cooperation clause of the insurance contract.3 The judgment of the trial court was declaratory under Title 28 U.S.C.A. § 2201 and diversity jurisdiction is admitted, 28 U.S. C.A. § 1332(a).

The determinative facts are not in dispute. Herman E. Johnston, an insured under the subject policy, was the driver of an…