244 Pa. 286 | Pa. | 1914
Opinion by
The defendant, The Travelers’ Insurance Company, issued to the plaintiff, the C. Schmidt & Sons Brewing Company, a policy to indemnify it to the extent of $5,000, against loss by reason of liability imposed by law upon the assured for damages on account of bodily injuries accidentally suffered by any person by the maintenance and use of certain automobiles specified in the policy. The policy provided, “F. The Assured, upon the occurrence of an accident, shall give immediate written notice thereof to the Company, or to its duly authorized Agent, with the fullest information obtainable. He shall give like notice with full particulars of
The present action was based on thé allegations that before the trial of the áction against the brewing company, a settlement could have been effected for $6,000 and that the officers of the brewing company requested the insurance company to make a settlement for that amount and offered to contribute $1,000 for the purpose, which with $5,000 to be paid by the insurance company would have made up the sum demanded; that the insurance company refused to make the settlement and went on to trial which resulted in a judgment in a larger amount against the brewing company, which it has paid and that the refusal of the insurance company to settle caused a loss to the brewing company of the difference between the judgment it paid and the insurance money it received less $1,000 which it was willing and offered to contribute to the settlement proposed.
The rights of the parties are to be determined by the
The judgment in favor of the defendant on the demurrer was properly entered and it is affirmed.