Indemnity Ins. Co. v. Luquire Funeral Homes Ins. Co.

FOSTER, Justice.

The question in this case is whether appellee, suing appellant on a liability insurance policy, had violated the “cooperation” clause in the policy, because one of its agents, who was responsible for personal, injuries to another, made conflicting statements to appellant as such insurance carrier, whereupon appellant withdrew from the defense of the suit against appellee for such injuries, and though otherwise carefully defended by appellee, a judgment was finally rendered against appellee, and paid by it.

The cooperation clause is in the usual form obligating the assured “at…