American Indemnity Company v. C. E. Davis

TUTTLE, Circuit Judge.

This appeal presents two simple but important questions of coverage of an automobile public liability insurance policy. The first is: does a “replacement” automobile owned jointly by the named insured and his son come within the terms “an automobile ownership of which is acquired by the named assured” ? The second is whether the trial court erred in concluding, as a matter of law, that statements made by the son at the time of the accident did not breach the agreement of the insured to “cooperate.”

In a declaratory judgment suit in which appellant sought, after an…