United States Casualty Co. v. Melee

Charlotte Poling and her husband, Russell Poling, appellants here, and defendants below, had instituted a suit for actionable negligence in the supreme court, Monmouth cir euit, against respondent’s assured. That suit resulted in a verdict in favor of the plaintiffs and we affirmed the judgment based upon that verdict. Poling v. Melee, 115 N. J. Law 191.

Respondent here undertook to, and did in fact, defend that suit by the Polings against its assured, without reservation, until a very short time prior to the actual trial thereof when, for the first time, so respondent claims, it discovered…