Key Insurance Exchange v. Washington

Opinion

ELKINGTON, J.

In a declaratory relief action tried to the court it was adjudged that plaintiff Key Insurance Exchange had no duty to “defend or indemnify” defendant Benjamin F. Horne in an action commenced against him by defendant Bert Washington. Defendant Washington alone appeals from the judgment.

The earlier action against Horne was brought to recover for personal injuries sustained by Washington, a passenger, when a truck owned and driven by Home went out of control and crashed. Key Insurance Exchange had written an automobile liability insurance policy covering Horne’s track. The…