Maryland Casualty Co. v. Lamarre

No question as to the correctness of the pleadings is raised. There was no evidence of collusion to bring about the accident or to produce the injuries. The contrary is found. The issue presented at the hearing was solely upon the insured’s alleged fraudulent conduct as respects the litigation.

By the terms of the policy the company undertook the investigation of accidents covered thereby, and the defence of suits thereon. The policy contained no express provisions requiring the aid and assistance of the assured therein, or restricting his conduct in respect thereto. His active and passive…