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MUNDRY v. GREAT AMERICAN INSURANCE COMPANY

No. 105, Docket 30364.

369 F.2d 678 (1966)

Roy MUNDRY and Charlotte Mundry, Appellees, v. GREAT AMERICAN INSURANCE COMPANY, Appellant.

United States Court of Appeals Second Circuit.

Decided December 14, 1966.

Attorney(s) appearing for the Case

Harold H. Wolgel, New York City (Cohen & Wolf, Bridgeport, Conn., and Gottesman, Wolgel & Smith, New York City, on the brief; Robert J. Ashkins and Lawrence P. Weisman, Bridgeport, Conn., of counsel), for appellant.

Eugene L. Bondy, New York City (I. Russell Stein, New York City, and Helen F. Krause, Trumbull, Conn., on the brief; S. Lawrence Brotmann, New York City, of counsel), for appellees.

Before LUMBARD, Chief Judge, and MOORE and KAUFMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

The question we are called upon to decide is whether the Great American Insurance Company ("Insurance Company") waived, and is estopped from asserting, its contractual right to disclaim its liability under an automobile insurance policy because of non-cooperation of its insureds.

I.

Insurance Company issued a policy to Michael Istvan, covering his automobile and insuring both him and his wife Anna. While Anna was...

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