CUSHMAN, District Judge (after stating the facts as above).
Concerning the measure of damages for the wrongful refusal of an insurance company to carry out its contract of insurance it has been said (7 Couch on Insurance, § 1870):
"Sec. 1870. Wrongful Breach or Termination of Contract by Insurer. Although there is no doubt that the wrongful refusal of an insurance company to carry out its contract of insurance gives a right of action to the injured...
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