Potomac Insurance v. Boles

DILLIN, District Judge.

This cause came on to be heard on plaintiff’s motion for summary judgment. Plaintiff’s complaint prays for a declaratory judgment that defendant has breached the cooperation clause of a policy of insurance covering the operation of an automobile by his decedent, and that plaintiff is not liable under such policy.

On December 24, 1959, plaintiff’s insured was killed in an automobile accident. Persons in the vehicle with which the insured was in collision were killed and injured, resulting in claims against her estate. Claimants’ attorney, on February 22, 1960, requested…