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Insurance-Right Of Insured To Make His Own Defense At Expense Of Insurer Where P And D Are Insured By Same Insurer, Kenneth Liles
Insurance-Right Of Insured To Make His Own Defense At Expense Of Insurer Where P And D Are Insured By Same Insurer, Kenneth Liles
Michigan Law Review
The drivers of two automobiles involved in a collision were insured against liability for damages by the same insurance company. Their policies contained clauses reserving to the insurer the right and duty to defend all actions. One driver, Borad, sued the other, O'Morrow, who, through counsel of his own selection, filed a cross complaint for damages and gave notice to the insurance company that these attorneys would also present his defense. When the company informed O'Morrow that it considered his independent defense a breach of the co-operation clause, he brought this action for declaratory relief. On appeal from a judgment …