Hartford Accident Indemnity Company v. Cosby

HARWOOD, Justice.

This is an appeal from a judgment for the plaintiff rendered in what is commonly called an “excess judgment suit.” The plaintiff below, who is the appellee here, was insured by the appellant, Hartford Accident and Indemnity Company, for liability resulting from accidents. The amount of the policy was $25,000. The policy provided that the insurer would defend any suit against the insured seeking damages caused by accident, but that “the company may make such investigation, and settlement of any claim or suit as it deems expedient.”

The complaint in the present suit contains…