Isenhart v. General Casualty Co.

This is an action to recover damages for the alleged breach of a contract of insurance. Plaintiff is the insured under a policy of insurance issued by defendant. The alleged breach consisted of defendant’s refusal to defend a prior action brought by a third person against plaintiff for assault and battery. Plaintiff seeks to recover the amount expended by him in defending the prior action. Defendant demurred to the complaint on grounds which will be explained later. The demurrer was sustained and, plaintiff electing not to plead over, the trial court dismissed the case. Plaintiff appeals.

Plain…