Aetna Casualty & Surety Co. v. Brooks

*430Bell, Judge.

We are confronted in this case with these hitherto undecided unique issues:(a) Which is paramount when they clash—the clear and unambiguous written provision of a contract of insurance or the right of an insured to pursue a private claim not arising under the insurance policy against third party wrongdoers? and,(b) What are the rights of an insurer who, acting as an independent contractor and without the knowledge or consent of its insured, secures a release absolving its insured from all liability with respect to an automobile collision, where the insured later repudiates the…