Blackwood v. Maryland Casualty Co.

BOULDIN, Justice.

The facts found by the Court of Appeals in the opinion now presented, incorporating by reference the facts recited in the former opinion (Blackwood v. Maryland Casualty Co., 24 Ala. App. 527, 137 So. 467), disclose that the attorney of the insured agreed in writing “that the action of the” insurer, “in participating in said trial and in representing the defendant” the insured “was not and should not be a waiver of the right of the” insurer “to claim and rely upon the want of co-operation of the” insured “as a valid defense to any liability of whatsoever kind of the” insurer…