Fisher v. Travelers Indemnity Co.

Frank Holt, Justice.

The issue presented in this case is whether appellee breached a duty to defend its insured, the appellant, in a tort action. Appellant was sued by Kenneth Skelton who alleged that the appellant, his employer, had used more force than was necessary in ejecting him from appellant’s place of business when he went there to discuss employment conditions. The appellant called upon the appellee insurance company to defend him according to the terms of its policy. The appellee declined to defend the action npon the basis that Skelton’s complaint was predicated npon an alleged…