Fordham Hoisting Equipment Co. v. Metropolitan Casualty Insurance

After trial before the court without a jury, decision was reserved. Formal findings of fact and conclusions of law were waived.

The defendant insurance carrier refused to defend the insured plaintiff. They hired counsel who successfully defended them. Plaintiff now brings this action to recover reasonable counsel fees.

The policy of insurance, in evidence, contains the usual liability coverage. It provides that insured must give notice “ as soon as practicable ”, upon occurrence of an accident. The company agrees to pay “ all sums which the insured shall become obligated to pay, ’ ’ by reason…