Leader National Insurance v. Kemp & Son, Inc.

Clarke, Presiding Justice.

The real question in this case, which concerns an accident in 1977 and has been to the Court of Appeals three times, is the extent of the exposure of appellee’s insurer, Leader National, for breach of contract. When appellee Kemp & Son was sued for damages arising out of the 1977 accident, Leader National filed a declaratory judgment action asserting its belief that Kemp & Son was not covered under its policy. But, Leader National dismissed the action before judgment *330and denied coverage. Appellee insured suffered a default judgment1 beyond the policy limits and sued…