Continental Insurance v. Charest

A preliminary inquiry is presented whether answer to the issue tried by the jury is in any respect determinative of the plaintiff’s liability to pay up to the policy limit any judgment which Verville may obtain against Charest. If the plaintiff is thus liable, its ensuing rights of indemnity may not be decided in this proceeding. Until it pays the possible judgment against Charest, it will have no claim for indemnity. The issue tried was submitted at Charest’s request as one which might or might not be decisive of the plaintiff’s liability, and the defendants are not precluded from asserting…