State ex rel. General Accident Group v. Cramer

Appellant insists that by reason of the judgment of this court in Conold v. Stern, 138 Ohio St. 352, it is on the horns of a dilemma. If it steps to its insured’s defense in the tort action, it will not be permitted to impeach his probable testimony that he was the driver.* And, if that fact is found in that action, as privy with Lawson by reason of its policy of insurance, it will not be permitted to reopen that issue as against the Wellses in any subsequent proceeding, including the declaratory judgment action, if that action is not first heard.

However, appellant has shown no clear…