Southern Railway Co. v. Surety Insurance

Littlejohn, Justice.

Heretofore, Surety Insurance Company of Greenville, the respondent, insurer, admittedly issued a liability insurance policy to P. K. Howard covering his automobile. This automobile was in collision with an engine of the appellant railway company, resulting in a suit for damages brought by the appellant against Howard. The insurer undertook to defend the action and when the same came to trial, Howard did not appear; the respondent withdrew and declined to defend the case, and the appellant procured a verdict against Howard.

The respondent refused to pay the appellant’s…