Harrington v. Aetna Casualty and Surety Company

VIC HALL, Justice.

H. L. Harrington brought this action against the Aetna Casualty and Surety Company to recover attorney’s fees incurred by him in the defense of a lawsuit which he claims Aetna improperly refused to defend under the terms of a liability insurance policy issued to him by Aetna. Before trial, Mr. Harrington died and his wife, Mrs. Nell Harrington, was duly substituted as plaintiff. Following a trial without a jury, judgment was rendered that plaintiff take nothing. We reverse and render.

On July 29, 1966, H. L. Harrington executed an application for automobile liability…