Shawnee Fire Insurance v. Cosgrove

*375The opinion of the court was delivered by

Smith, J.:

In the second paragraph of the syllabus in the opinion on the former hearing of this case (Insurance Co. v. Cosgrove, 85 Kan. 296, 116 Pac. 819) it was said that, on conditions therein specified, “it is the duty of the insurer to intervene in the action and protect his own interests.”

This was said not with reference to an imperative legal duty but with reference to the interest of the insurer and the insured. In other words, that when a party has a clear right and opportunity to protect his own interests he has no moral right to lie quiescent…