Walsh v. National Indemnity Co.

COZORT, Judge.

Plaintiff Thomas L. Walsh sued defendant National Indemnity Company for its failure to defend him in a prior action. At the close of plaintiffs evidence the trial court granted defendant’s motion for a directed verdict. Plaintiff appealed. We affirm, holding that defendant had no duty to defend plaintiff in the earlier action because the complaint in that action does not allege facts which arguably fall within the coverage of plaintiffs insurance policy with the defendant.

The essential, and undisputed facts relevant to this appeal are:

The defendant insurance company, National…