Dairyland Insurance Co. v. McIntosh

Benham, Judge.

Appellee McIntosh was involved in an automobile collision on October 30, 1979. When the other party to the accident filed suit against appellee seeking damages for the injuries she had sustained in the collision, appellee filed a third-party complaint naming appellant Dairyland Insurance Company as the third-party defendant and alleging that appellee had been insured at the time of the collision by Dairyland, which now refused to indemnify or represent him in the main lawsuit. However, in response to interrogatories propounded prior to the initiation of the third-party suit,…