
    ROHLF v. GREAT AM. MUT. IND. CO. et.
    Ohio Appeals, 6th Dist., Huron Co.
    Young & Young, Norwalk, for Rohlf.
    C. H. Workman, Mansfield, and E. G. Martin, Norwalk, for Ind. Co.
    647. INSURANCE.
    1. Failure of insured to co-operate in defense. as provided by policy, held to relieve insurer from liability to injured person.
    2. That insurer proceeded with defense, not waiver or estoppel to assert such failure of co-operation as defense in action by injured person against insurer.
    3. Liability limited by terms of indemnity policy, and one injured by insured has no greater rights against insurer than insured himself has.
   RICHARDS, J.

1. Evidence held conclusively to establish deliberate and premeditated evasion on part of insured of duty owing insurer to co-operate in defense of action against insured, as required by provisions of policy, thus relieving insurer from liability to injured, person bringing suit against insurer after obtaining unsatisfied judgment against insured.

2. That insurer proceeded with defense of action by injured person against insured, after deliberate failure by insured to co-operate in such defense, held not a waiver or estoppel to assert such failure of co-operation as defense in action by injured person against insurer.

3. The liability assumed by insurance company is limited by terms of indemnity policy, and one injured by insured had no greater rights against insurer than insured himself had.

(Lloyd, J., concurs; Williams, J., dissents.)

For reference to full opinion, see Omnibus Index, last page, this issue.  