RUBY v. LUMBERMENS MUTUAL CASUALTY COMPANY

No. 15236.

351 F.2d 309 (1965)

Kenneth A. RUBY and Lawrence Cowan, Appellants, v. LUMBERMENS MUTUAL CASUALTY COMPANY.

United States Court of Appeals Third Circuit.

Decided October 18, 1965.


Attorney(s) appearing for the Case

Bert E. Zibelman, Freedman, Borowsky & Lorry, Philadelphia, Pa. (Abraham E. Freedman, Philadelphia, Pa.; Freedman, Borowsky & Lorry, Philadelphia, Pa., on the brief), for appellants.

Lynn L. Detweiler, Swartz, Campbell, & Detweiler, Philadelphia, Pa., for appellee.

Before McLAUGHLIN, HASTIE and FREEDMAN, Circuit Judges.


PER CURIAM.

The present plaintiffs had recovered default judgments against one Joseph Wolfe in an automobile collision negligence suit. Wolfe had been insured for liability but his insurance company, the defendant-appellee in this action, withdrew coverage because of Wolfe's prejudicial lack of cooperation in the tort action. Those claims against Wolfe's insurance company completely depended upon the validity of Wolfe's coverage. The questions involved were properly...

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