Gibbs v. Lumbermen's Mutual Casualty Co.

If the plaintiff may charge the defendant with conducting the defence of the action, the issue of coverage may not now be litigated. The defendant as insurer had no interest to defend unless there was coverage, and this was a preliminary question to be determined. American Motorists Ins. Co. v. Garage, 86 N. H. 362, and cases cited. If held to have been represented by the defending attorneys in the trial, its “binding acknowledgment” of coverage would appear to follow. When the action went to trial, it knew the facts upon which its position against coverage stood. If it defended, it did so…