Readnour v. Commercial Standard Insurance Co.
By United States Court of Appeals Tenth Circuit
- Release Date - Published: 1958-03-14
- Book Genre: Law
- Author: United States Court of Appeals Tenth Circuit
Readnour v. Commercial Standard Insurance Co. United States Court of Appeals Tenth Circuit read online review & book description:
Commerical Standard Insurance Company, hereinafter the Company, by action filed under the Federal Declaratory Judgments Act, 28 U.S.C.A. 2201, seeks a declaration that its insured, one Smith, has breached the cooperation clause in a policy of automobile liability insurance and has thus relieved the Company of any obligation under the policy terms. The claim of Smiths failure to cooperate is found in his representation to the Company that he was not driving the insured vehicle at the time of an accident in which Smith and appellant Readnour were injured. Smiths representation in this regard was found by the first trial jury to have been false but no finding was made as to whether Smiths untrue statement was made with subjective knowledge of its falsity or whether the representation resulted from honest mistake. We reversed, stating:
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