allowed insurer to withdraw defense after reaching judgment on one of two claims
How later courts described this case
- allowed insurer to withdraw defense after reaching judgment on one of two claims
- no duty to defend after policy liability limits exhausted
Written by the judges who cited it.
The opinion
Branch, J.,
dissented, as to the answer to the first question, upon
the ground that the answer given in the majority opinion disregards the language of the policy and construes the promise of the insurance company to defend, not as an undertaking for the benefit of the assured, but as a stipulation for the benefit of the insurer.