Marjorie Readnour v. Commercial Standard Insurance Company, a Corporation

LEWIS, Circuit Judge.

This case reaches us for the second time.

Commerical Standard Insurance Company, hereinafter the Company, by action filed under the Federal Declaratory Judgments Act, 28 U.S.C.A. § 2201, seeks a declaration that its insured, one Smith, has breached the cooperation clause 1 in a policy of automobile liability insurance and has thus relieved the Company of any obligation under the policy terms. The claim of Smith’s failure to cooperate is found in his representation to the Company that he was not driving the insured vehicle at the time of an accident in which Smith and…