Saint Paul Mercury Indemnity Company v. Valdosta Milling Company

HUTCHESON, Chief Judge.

This appeal from a judgment entered in favor of plaintiff on facts, 1 as to which it is stipulated and agreed that there is no dispute, and on motions for summary-judgment filed by both parties, presents a single question for our decision. This question is whether the district judge was right in holding: that when the insured notified the defendant insurer that a default judgment had been entered against it, in a pending suit concerning matters covered by the policy, and requested the defendant to move to set aside the default judgment and otherwise defend the insured…