Mitzner v. Fidelity & Casualty Co.

This was a suit upon an insurance policy, known as a “Commercial Automobile Liability Policy,” for breach of the stipulation contained in said policy obligating the insurance company to defend any suit brought against the insured for damages growing out of the operation of the automobile covered by said policy.

The cause was tried by the court, which made a special finding of the facts and stated its conclusions of law thereon. The appellants duly excepted to the court’s conclusion of law, which was adverse to them, and their motion for a new trial having been overruled, they now prosecute…