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KING v. AUTO. UNDERWRITERS, INC.

409 Pa. 608 (1963)

King, Appellant, v. Automobile Underwriters, Inc.

Supreme Court of Pennsylvania.

January 21, 1963.

Attorney(s) appearing for the Case

Norman Paul Wolken, for appellant.

Carl Eck, with him George Y. Meyer, and Meyer, Darragh, Buckler & Bebenek, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.

OPINION PER CURIAM, January 21, 1963:

Appellant-insured brought this action of assumpsit seeking recovery from appellee-insurer for (1) willful breach of its duty to defend and (2) willful breach of its obligation to settle.

A failure without cause by an insurer to defend — whether willful or not — gives rise to a cause of action. See Cadwallader v. New Amsterdam Cas. Co., 396 Pa...

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