Elliott v. Indemnity Insurance Co. of North America

The policy of insurance is made a part of the complaint, and its terms are admitted by the demurrer. The policy contains these provisions: An agreement that the company will pay any loss by reason of the liability of the assured up to $10,000 for bodily injuries or death resulting therefrom, to one person; the company will defend in the name and on behalf of the assured all claims or suits for such injuries for which the assured is liable; and it will pay all court costs taxed against the assured in any such suit,

*447It is provided that the assured must promptly notify the company in writing of…