GLENS FALLS INS. v. AMER. OIL CO.

[No. 203, September Term, 1968.]

254 Md. 120 (1969)

254 A.2d 658

GLENS FALLS INSURANCE COMPANY v. AMERICAN OIL COMPANY

Court of Appeals of Maryland.

Motion for rehearing filed June 10, 1969.

Denied June 23, 1969.


Attorney(s) appearing for the Case

Alva P. Weaver, III and Robert P. Schlenger, with whom were Lord, Whip, Coughlan & Green on the brief, for appellant.

Lloyd J. Hammond, with whom were George Barrett Johns, James Temple Smith, Jr. & Smith, Bottom and Smith on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and MARBURY, BARNES, McWILLIAMS, FINAN and SINGLEY, JJ.


BARNES, J., delivered the opinion of the Court.

This appeal presents for the first time in this Court the question of whether or not an insurer in the usual type of automobile liability policy may, in an action by a third party seeking indemnity under the policy, raise a defense of non-coverage based on an intentional, non-accidental act by the insured, subsequent to a judgment in favor of the third person against the insured...

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