Legal Opinion

Kennedy v. American Fidelelity & Casualty Co.

California Court of Appeal

Decided May 1, 1950No. Civ. 4029PublishedCited by 8 opinions

1Opinion of the CourtBarnard, P. J.

This case was tried with the case of Giordano v. American Fidelity & Casualty Company, Inc., (ante, p. 309 [217 P.2d 444]), and involves the same general factual situation. The appellant having refused to defend A. M. Hendrix in the action brought against her, she employed and paid other counsel for that purpose. In this action, the trustee of her bankruptcy estate recovered a judgment for $1,150, the amount thus paid. This appeal followed.

The appellant first contends that it was under no duty to defend A. M. Hendrix in the damage action since she violated a condition of the policy requiring…

2Cases cited2 opinions

  1. Mercer Casualty Co. v. LewisCalifornia Court of Appeal · 1940
  2. Giordano v. American Fidelity & Casualty Co.California Court of Appeal · 1950

3Cited by8 opinions

  1. Eichler Homes, Inc. v. Underwriters at Lloyd's, LondonCalifornia Court of Appeal · 1965
  2. Comunale v. Traders & General InsuranceCalifornia Court of Appeal · 1953
  3. HARCO NATIONAL INSURANCE COMPANY, an Illinois Corporation, Plaintiff-Appellee, v. BOBAC TRUCKING INC., Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997
  4. Select Insurance v. Superior CourtCalifornia Court of Appeal · 1990
  5. Drinnon v. OliverCalifornia Court of Appeal · 1972

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