Employers' Indemnity Co. v. Kelly Coal Co.

Opinion of the Court by

Judge Turner

Affirming.

Appellant insured appellee against claims for damages arising out of injuries to its employes, not exceeding $1,500 to each employe. Carmichael was killed in appellee’s mine, and his personal representative instituted an action against appellee for damages by reason of its negligence. Appellee immediately notified the insurance company and called upon it to defend the action which it refused to do, upon the ground that Carmichael was not appellee’s employe, and, therefore, not embraced within the terms of the insurance.

Subsequently appellee settled…