Fidelity & Casualty Co. v. Southwestern Bell Telephone Co.

JOHNSEN, Circuit Judge.

The action is one by an insured against an insurer, on an Arkansas public liability policy, to recover $626.99 expended in the defense of a personal injury action and $3,500 paid in settlement of the suit without a trial. The insurer had refused to defend the personal injury action at the time it was instituted, on the ground that it was not within the policy coverage. On a trial of the action here involved, without a jury, the court entered judgment in favor of the insured for the amounts sought, and the insurer has appealed.

*725The policy insured generally against “loss…