Holmes

On February 27, 1930, judgment was entered in the above action in favor of plaintiff and against the defendant for $2,500 and costs. The action was one for personal injuries caused by the negligent operation of an automobile by the defendant. The latter was insured against loss or damage due to such .negligence by a policy of liability insurance issued by the Home Accident Insur anee Co. of Arkansas. 'Therein the insurer agreed “to defend in the name and on behalf of the assured any suit brought to enforce a claim for damages ...” and the policy also contained the following provision: “The assured, whenever requested by the company, shall aid in securing information and evidence and the attendance of witnesses and in prosecuting appeals, but the assured shall not voluntarily assume any liability either before or after an accident, nor shall he, without the written consent of the company previously given, incur any expense or settle any claim except at his own cost, nor interfere in any negotiations for settlement or in any legal proceeding conducted by the company on account of any claim. ...” Further, that in the event of a judgment being recovered against the assured an action…