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PREFERRED RISK MUTUAL INSURANCE CO. v. PETERSON

No. 4-58 Civ. 410.

179 F.Supp. 652 (1959)

PREFERRED RISK MUTUAL INSURANCE COMPANY, a corporation, Plaintiff, v. Clarence E. PETERSON, Dennis Peterson, Timothy Hammer, a minor, and Clyde A. Hammer, his father and natural guardian, Rosemary Theresa Peterson, a minor, Donna Mae Walker, and Mattie Nelson, by her Guardian Ad Litem, Ernest O. Nelson, Jr., and Robert E. DeWolff, Defendants.

United States District Court D. Minnesota, Fourth Division.

August 28, 1959.

Attorney(s) appearing for the Case

Sheldon D. Karlins and Sachs, Karlins, Grossman & Karlins, Minneapolis, Minn., for plaintiff.

Richard J. Parish, Robbinsdale, Minn., for defendants Clarence E. Peterson and Dennis Peterson.

Roald G. Johnson, Minneapolis, Minn., for Clyde A. Hammer, natural guardian of Timothy Hammer.

Wyman Smith, Minneapolis, Minn., for defendants Clarence E. Peterson, as natural guardian for Rosemary Peterson; Ernest O. Nelson, Jr., as guardian ad litem for Mattie Nelson; and Donna Mae Walker.

Clark MacGregor and King & MacGregor, Minneapolis, Minn., for defendant Robert E. DeWolff.

NORDBYE, District Judge.

The Preferred Risk Mutual Insurance Company seeks a declaratory judgment establishing that it shall not be liable on any claims arising out of a certain automobile accident. It alleges that the agreement by its insured, a defendant herein, to cooperate with it in the conduct of legal proceedings resulting from such an accident has been breached. The plaintiff now moves for summary judgment based upon the affidavits and depositions on file...

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