De Hart v. Illinois Casualty Co.

EVANS, Circuit Judge.

Defendant disputes liability solely on the ground that the assured, Roin, failed to cooperate with it in “securing information, furnishing evidence and attendance of witnesses” in the trial of the original action.

Among other clauses, the insurance policy provided:

“No action shall lie against the Company unless, as a condition precedent thereto, the assured shall have fully complied with all the conditions hereof. * * *.”

“Assured shall render to the Company full cooperation and assistance in securing information, furnishing evidence and the attendance of witnesses.”

“The…