EPSTEIN v. ERIE INDEMNITY CO

Insurance — Automobile indemnity — Refusal of insurer to defend action — Liability of insurer beyond amount of policy.

An insurer, under a policy of automobile indemnity insurance, which had declined to defend an action against the insured by an injured party, but which subsequently paid the amount of a judgment obtained against it by the injured party, was held not to be liable to the insured, for the difference between the judgment obtained against the insured and the amount paid by the company, where the testimony showed no bad faith by the insurer.

Argued October 2, 1940.

PER CURIAM, October 28, 1940:

On the argument at Bar, judgment affirmed.