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MUNDRY v. GREAT AMERICAN INSURANCE COMPANY

Civ. No. 10242.

248 F.Supp. 817 (1966)

Roy MUNDRY and Charlotte Mundry, Plaintiffs, v. GREAT AMERICAN INSURANCE COMPANY, Defendant.

United States District Court D. Connecticut.

January 6, 1966.

Attorney(s) appearing for the Case

Helen F. Krause, Trumbull, Conn., I. Russell Stein, New York City, for plaintiffs.

Herbert L. Cohen, Cohen & Wolf, Bridgeport, Conn., Harold H. Wolgel, Gottesman, Wolgel & Smith, New York City, for defendant.

ZAMPANO, District Judge.

The plaintiffs instituted this diversity action to enforce a judgment of $10,242.00 they obtained in the State of New York against Michael and Anna Istvan, the defendant's insureds. Although the defendant insurer contested the negligence case to a verdict in New York, it claims exemption from paying the judgment on the ground the insureds breached the cooperation clause of the automobile liability policy issued to them by the defendant.

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