Employers Indemnity Co. v. Kelly Coal Co.

Opinion op the Court by

Judge Miller

Reversing.

The appellant, the Employers Indemnity Company of Philadelphia, insured the appellee, the Kelly Coal Company, against claims for damages arising out of injuries to its employes, to the extent of $1,500.00 Carmichael was injured in the mine of the Kelly Coal Company;- and having made a claim against that company for damages on account of the injury, the coal company notified the Indemnity Company of Carmichael’s claim against it, and called upon the Indemnity Company to defend the action. The Indemnity Company refused, *713however, to defend, on the…