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  • Kenneth A. Ruby and Lawrence Cowan v. Lumbermens Mutual Casualty Company, 351 F.2d 309, 3rd Cir. (1965)

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    Kenneth A. Ruby and Lawrence Cowan sued Lumbermens Mutual Casualty Company to recover on a default judgment they obtained against Joseph Wolfe in a negligence suit arising from an automobile collision. Lumbermens had insured Wolfe but withdrew coverage due to his failure to cooperate in the tort action. A jury found in favor of Lumbermens, and the plaintiffs appealed. The Third Circuit affirmed, finding no prejudicial error at trial and that the questions of whether Wolfe had valid insurance coverage from Lumbermens were properly submitted to the jury.

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    Filed: 1965-10-18 Precedential Status: Precedential Citations: 351 F.2d 309 Docket: 15236

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    Kenneth A. Ruby and Lawrence Cowan sued Lumbermens Mutual Casualty Company to recover on a default judgment they obtained against Joseph Wolfe in a negligence suit arising from an automobile collision. Lumbermens had insured Wolfe but withdrew coverage due to his failure to cooperate in the tort action. A jury found in favor of Lumbermens, and the plaintiffs appealed. The Third Circuit affirmed, finding no prejudicial error at trial and that the questions of whether Wolfe had valid insurance coverage from Lumbermens were properly submitted to the jury.

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    Kenneth A. Ruby and Lawrence Cowan v. Lumbermens Mutual Casualty Company, 351 F.2d 309, 3rd Cir. (1965)

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    Kenneth A. Ruby and Lawrence Cowan sued Lumbermens Mutual Casualty Company to recover on a default judgment they obtained against Joseph Wolfe in a negligence suit arising from an automobile collision. Lumbermens had insured Wolfe but withdrew coverage due to his failure to cooperate in the tort action. A jury found in favor of Lumbermens, and the plaintiffs appealed. The Third Circuit affirmed, finding no prejudicial error at trial and that the questions of whether Wolfe had valid insurance coverage from Lumbermens were properly submitted to the jury.

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    of 1

    351 F.

    2d 309

    Kenneth A. RUBY and Lawrence Cowan, Appellants,


    v.
    LUMBERMENS MUTUAL CASUALTY COMPANY.
    No. 15236.

    United States Court of Appeals Third Circuit.


    Argued September 24, 1965.
    Decided October 18, 1965.

    Appeal from the United States District Court for the Eastern District of
    Pennsylvania; Alfred L. Luongo, Judge.
    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
    submitted to the jury. We find no prejudicial trial error.

    The judgment of the district court will be affirmed.

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