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ASSOCIATED INDEMNITY CORPORATION v. DAVIS

No. 8119.

136 F.2d 71 (1943)

ASSOCIATED INDEMNITY CORPORATION v. DAVIS et al. Appeal of PENNSYLVANIA R. CO.

Circuit Court of Appeals, Third Circuit.

Decided May 28, 1943.

Attorney(s) appearing for the Case

Spencer G. Nauman, of Harrisburg, Pa. (W. E. Shissler, of Harrisburg, Pa., on the brief), for appellant.

Walter H. Compton, of Harrisburg, Pa., (John H. Moody, of Harrisburg, Pa., on the brief), for appellee.

Before MARIS, JONES, and GOODRICH, Circuit Judges.

GOODRICH, Circuit Judge.

This is an action for a declaratory judgment by the plaintiff insurance company, which seeks a declaration of its freedom from liability under the policy as to Harry R. Davis, Jr., based on his alleged failure to cooperate with the insurer as required by the terms of the policy. The plaintiff issued, in 1938, a combination automobile insurance policy to Harry R. Davis, Sr. On October 29, 1938, Harry R. Davis, Jr., the insured's son, was driving...

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