Foster v. Commercial Standard Ins. Co.

HUXMAN, Circuit Judge.

The Commercial Standard Insurance Company of Fort Worth, Texas, filed an action in the District Court of the United States for the District of Kansas seeking a declaratory judgment to determine its liability under a contract of insurance issued to J. W. Foster. The court found there was no liability under its policy. Judgment was rendered for plaintiff, from which defendants have appealed.

Foster was a contract carrier and in that connection was operating a number of trucks in his business, under a contract carrier’s permit issued to him by the Kansas Corporation…