O'Dowd v. United States Fidelity & Guaranty Co.

The opinion of the court was delivered by

Perskie, J .

The basic question involved in this cause is whether, under the proofs, the insurer who, under its policy of indemnity with its assured defended the latter (in a suit brought by a third party against the assured for resultant damages for personal injuries sustained while not employed by assured) unconditionally, without obtaining from its assured either an agreement of non-waiver, or without serving a notice of disclaimer upon assured, or without making a reservation of its rights in the premises, waived its right, and is estopped…