Liberty &C. Ins. Co. v. Mead Corporation

Grice, Justice.

For determination is whether an insurer was required to defend remaining actions against the insured after it had, with the consent and contribution of the insured, exhausted the policy limit of liability by settling two of the suits arising from the same accident.

This issue arose in a petition filed in the Civil Court of Fulton County by the insured, Mead Corporation, against its insurer, Liberty Mutual Insurance Company. In it Mead sought to recover from Liberty attorney’s fees and expenses which Mead incurred after Liberty refused to participate further in the defense of…