Automobile Underwriters, Inc. v. Rich

The appellee sustained an injury to her left knee, alleged to have been caused by the negligent operation of a truck by appellant’s assured. Thereafter the appellant obtained a release and covenant not to sue. This action was brought by the appellee against the appellant to recover damages alleged to have been sustained by appellee because of the fraud of appellant’s agent in obtaining the release and covenant.

A judgment in favor of appellee up.on a former trial was reversed by the Supreme Court (222 Ind. 384, 53 N. E. (2d) 775), and the cause was remanded and retried. The appellee again…