Southern States Fire Ins. v. Hand-Jordan Co.

Citations

• 112 Miss. 565

Syllabus

<p>1. Iwsurance. Casualty insurance. Construction of policy. Defenses of suit. “Immediate notice.”</p> <p>Under an employer’s liability insurance policy, which provided that the insurer would at its own expense investigate all accidents and defend all suits of which notices were given to it and that immediate notice of any accident and of any suit resulting therefrom should be forwarded to it, where insured failed to give “immediate notice” of the accident, which means notice within a reasonable time under all the facts and circumstances but did give immediate notice of an intended suit against it about sixty days after the accident, which enabled the insurer to investigate the claim, in such case it was the insurer’s duty to defend the suit at its own expense and when it failed to do so, it was the duty of the insured to defend the suit at the expense of the insurer.</p> <p>2. Insubance. Oasulty insurance. Action try insured. Reinsurance.</p> <p>Where an insurance company contracted with another insurance-company whereby it reinsured such other company, which had. issued an employers’ liability policy to plaintiff for all of its. outstanding liabilities, and agreed that any liability or expense-under the former company’s policies would be assumed and paid, such a contract was more than a contract of reinsurance and was made for the benefit of the insured and the insurance company which did not issue the policy directly to the insured, was also liable to him.</p> <p>3. Insurance. Casuality insurance. Defense of suit. Liability.</p> <p>Under an employer’s liability insurance policy requiring the insurer to defend any suit of which notice should be given, excepting liability for any expense incurred by insured not specifically authorized by the insurer in writing, where the insurer declined: to defend a suit after notice, it was liable for the expenses incurred by the insured in his successful defense of such suit.</p>