Murle Edwards and Paul Edwards, Dba Edwards Brothers Trucking Company v. American Home Assurance Company, a Corporation

This is an appeal from a declaratory judgment of the United States District Court for the District of Arizona, which decreed that a policy of insurance issued by appellee had been cancelled prior to the date of an accident in which appellants were involved.

The district court had jurisdiction of the parties pursuant to 28 U.S.C. § 1332 (diversity of citizenship) and of the proceeding for declaratory relief pursuant to 28 U.S.C. § 2201 . This court has jurisdiction pursuant to 28 U.S.C. § 1291 .

This proceeding was submitted to the district court on cross motions for summary judgment, under an agreed statement of facts. While the issues before this court are purely legal, the facts will be summarized in order to place the issues in perspective.

Appellants Murle and Paul Edwards have operated a trucking business in Arizona under the name of Edwards Brothers Trucking Company (hereinafter known as Edwards Bros.). Edwards Bros, is a common carrier operating under “certificates of convenience and necessity and/or contract carrier’s permits” issued by the Arizona Corporation Commission. By General Order No. MV-7 of the Arizona Corporation Commission, every such carrier is required to…