Hersey v. Maryland Casualty Co.

The principal question in this case is somewhat unique. Is a public liability insurer liable for damages to the insured for delay in making an investigation and for failure to make a timely disclaimer of insurance coverage when in the pretrial order it is agreed that the occurrence out of which the accident arose was not covered by the public liability policy issued by the defendant to the plaintiff?

The plaintiff purchased from the defendant a Farmer’s Comprehensive Liability Policy providing liability coverage for injuries on plaintiff’s premises but excluding injury to farm employees unless…