Dumas v. Hartford Accident & Indemnity Co.

The questions transferred will be answered in reversed order.(1) The defendant claims that the right of action, if one exists, is equitable. It is argued that the defendant’s obligation, if it has any, is one of indemnity and that the insured is seeking exoneration. But the defendant did not contract to indemnify the plaintiff with respect to his liability beyond the stipulated sum of $5,000, and it has performed that contract of indemnity in full by the payment of that sum, with interest and costs, and has presumably paid the expenses of the defence of the suit brought by Ann Moran. Its…