Northwestern Casualty & Surety Co. v. Rose

This action was instituted by appellee against appellant, Northwestern Casualty &> ’Surety Company, to recover from appellant under an automobile liability insurance policy for sums appellee expended for medical bills and hospital bills for one Ben D. Bonner, struck by appellee’s automobile.

On the trial of the case the appellant took the position that it was not liable for medical and hospital bills because of the following provision in the policy: “The assured shall co-operate with the company at all times in facilitating the disposition of claims and suits, but shall not voluntarily assume…