Georgia Cas. Co. v. Mann
| Citation | 242 Ky. 447,46 S.W.2d 777 |
| Parties | GEORGIA CASUALTY CO. v. MANN. |
| Decision Date | 16 February 1932 |
| Court | Court of Appeals of Kentucky |
Appeal from Circuit Court, Henderson County.
Suit by Aaron A. Mann against the Georgia Casualty Company. Judgment for plaintiff, and defendant appeals.
Reversed and remanded, with directions.
Henson & Taylor, of Henderson, and Fred C. Forcht, of Louisville for appellant.
Worsham & King, of Henderson, for appellee.
On October 22, 1923, the Georgia Casualty Company issued to Aaron A. Mann, the owner of an automobile, a policy of insurance indemnifying him against loss arising or resulting from claims upon the assured for damages on account of bodily injuries accidentally suffered or alleged to have been suffered while the policy was in force, including death resulting at any time therefrom, by any person or persons, by reason of the ownership, maintenance, or use of any of the automobiles as enumerated and described in the schedule, and also against loss arising or resulting from claims upon the assured for damages on account of injuries to or the destruction of property of every description, except property of the assured or in charge of the assured, or any of his employees, or carried in or upon the automobiles covered by the policy. In case of injuries to, or the death of, one person only, the liability of the company was limited to $5,000. In case of injuries to, or the death of, more than one person, the limit was $10,000. In addition to other provisions, the company agreed "to defend the assured and pay expenses and costs subject to the following conditions:
On March 17, 1924, at which time the policy was in force, Mann while driving his automobile, accidentally collided with Frank W. Woodward, who was driving a horse and buggy, at the intersection of Green and Washington streets in Henderson. In addition to damages to his buggy and harness, and slight injuries to his head and body, Woodward suffered a broken leg and ankle. Within a short time thereafter Woodward brought suit against Mann to recover judgment for $10,000 for personal injuries, $5,000 for loss of time, $927 for physicians' bill and hospital expenses, $137 for damages to his buggy, and $25 for damages to his harness. Mann gave written notice to the company of the claim and suit, and the company through its attorneys took charge of and conducted the defense. The trial resulted in a verdict and judgment for $6,500. On appeal the judgment was affirmed. Mann v. Woodward, 217 Ky. 491, 290 S.W. 333. After the affirmance, the company paid to Mann the sum of $6,391.65; it being in full of the liability fixed by the policy, together with interest costs, and the 10 per cent. penalty awarded on the affirmance. The remainder of the judgment, amounting to $1,680, was paid by Mann.
Thereafter Mann brought this suit against the Georgia Casualty Company to recover the $1,680 paid by him. The grounds on which the recovery was sought were: The company had exclusive control of the litigation and the sole right to settle. It was informed that the case could be settled either for $3,500 or $4,000. The facts, which were investigated by the company were such as to make it reasonably certain that a trial would result in a verdict in excess of $5,000. The company negligently refused to make the settlement, and elected to try the case, thus imposing on Mann a liability which he should not have been...
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