State Farm Mutual Automobile Insurance v. Penrow

Deen, Presiding Judge.

1. As was held on the first appearance of this case, the reservation of rights agreement which State Farm took from its insured Penrow avoided an estoppel against it based on the mere fact that it conducted a defense of the tort suit. Id., p. 821.

2. This does not, however, decide the question of waiver or estoppel to urge a policy forfeiture based on dealings between Wright and the company, which exact question required reversal of the summary judgment on the first appearance of this case. Wright’s counsel deposed then and testifies now that he would never have agreed to…