Citations
- 18 S.W.2d 826
Full opinion text
HODGES, J.
In July, 1927, the appellant issued a policy insuring the appellee against loss resulting from liability for injuries or death and for damage or destruction of property under certain conditions named in the policy. The appellee is a private corporation, and at the time the policy was issued was engaged in selling automobiles, and for that purpose had established and was maintaining agencies and garages at Tyler, Henderson, Jacksonville, and Nacogdoches, all within the state of Texas. In 1928, while the policy of insurance was in force, a suit was filed against the appellee by Homer E. Rogers and wife in the district court of Angelina county, Tex., to recover damages for the negligent killing of their minor daughter by an alleged employee of the appellee. Notice of the filing of that suit was given to the appellant by the Baldwin Motor Company, and demand made that appellant make the necessary defenses. .But appellant refused to defend the suit, on the ground that it was not covered by the policy of insurance. Upon notice of that refusal the appellee employed attorneys and took such other steps as it thought necessary to present its defenses. After investigation into the basis of that suit, and negotiation with the interested parties, the attorneys for the appellee secured a judgment of dismissal. This suit was then filed by the Baldwin Motor Company against the appellant for reimbursement of the attorneys’ fees and for other expenses incurred in preparing for the defense against that suit. The amount sued for is $1,250 for attorneys’ fees and $364.79 as expenses of investigation. These sums, it is alleged, were paid out by the appellee for the purposes above stated. The additional sum of $750 was also asked for as compensation for attorneys employed in this proceeding.
The case was tried before the court without a jury, and a judgment rendered against the appellant for the sum of $1,250 as attorneys’ fees and $364.79 as expenses, no further allowance being made for reimbursement for attorneys’ fees paid or in the prosecution of this suit.
As a defense t