Hickey v. Wisconsin Mutual Insurance

Appellant, having assumed control over the litigation in the case where respondent was plaintiff and Ethel Samuels defendant, now seeks to avoid its responsibility as insurer and to be excused from satisfying the judgment obtained against the insured by showing that with the consent of the insured it reserved to itself the right to repudiate lia bility. Appellant relies on the general rule which we recognize that an insurer may defend the insured and still reserve its defenses on the policy in regard to coverage or forfeiture. 29 Am. Jur. p. 672, § 878; p. 673; § 879; 72 A. L. R. 1498, 76 A.…