Paulin V. Fireman''s Fund Insurance Co‪.‬

This is an appeal to recover damages for the alleged breach of a contract of insurance. Appellant is the insured under a "Homeowner's Policy" of insurance issued by the appellee. This policy of insurance was in full force and effect during all times material to this action. The alleged breach consisted of appellee's refusal to defend a prior action brought by a third person against appellant for assault and battery and false imprisonment. Appellant seeks to recover for legal expenses, costs and attorney's fees which were expended by him made necessary by reason of the alleged wrongful failure of the appellee company to assume the defense of the claims. After trial of the case by the court sitting without a jury, judgment was entered in favor of the appellee. It is from this judgment and the denial of a new trial that appellant appeals.