Malley v. American Indemnity Co.

Opinion by

Mr. Justice Sadler,

A judgment in excess of $5,000 was recovered against appellee as damages for personal injuries, the result of a collision between appellee’s car and that of the injured person. Appellee was insured under a personal liability contract, and the insurance carrier was duly notified of the action against him. It appeared and undertook the entire defense of appellee’s liability. After verdict for plaintiff it did not prosecute its motion for a new trial, and when payment on the policy was demanded it denied all liability thereunder, on the ground that appellee was not…