Hensley v. Hartford Accident & Indemnity Co.

CLAY, Commissioner.

This is an appeal from a summary judgment entered for defendant insurance company. The issue presented is whether the defendant waived its right to disclaim liability under an insurance policy. The facts are not in dispute.

Plaintiff’s decedent was killed in a motor vehicle accident caused by a fellow employee. The employer was the insured. The liability policy excluded coverage of an accident such as was here involved.

The plaintiff filed suit against the employer, which was prosecuted to judgment in the amount of approximately $56,000. After that suit was filed, the…