Goswick v. Employers' Casualty Co.

COLLINGS, Justice.

Leon Goswick brought this suit against Employers’ Casualty Company for an alleged breach of contract by the defendant in failing and refusing to assume the defense of and discharge the liability of plaintiff to a third party in an action for tort. The contract which plaintiff alleged to have been breached was a policy of comprehensive general liability insurance which was in effect at the time the claim of the third party came into being. The trial was to the court without a jury upon an agreed statement of facts and the deposition of Leon Goswick. The defense plead by…