Snyder v. National Union Indemnity Co.

The policy prohibited Day from interfering with the defense of the suit in the state court, and required him to co-operate, in good faith, in that defense. If Day breached the policy in either respect, there can be no recovery herein.

A reading of the record convinces me that in Day’s dealings with Gardner, he was rendering lip service only to the terms of the policy; that he was in fact guided by Liber-man’s advice, and that his real assistance was on the plaintiff’s side of the lawsuit. I do not believe he turned the control of the defense to Gardner, nor co-operated in good faith in his own…