Legal Opinion

Two Rivers Dredge & Dock Co. v. Maryland Casualty Co.

Wisconsin Supreme Court

Decided November 6, 1918PublishedCited by 12 opinions

Appeal from an order of the circuit court for Manitowoc county: Michael Kir wan, Circuit Judge. This is an action brought by the plaintiff tO' compel the defendant to indemnify the plaintiff on a contractor’s employer’s policy.

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Appeal from an order of the circuit court for Manitowoc county: Michael Kir wan, Circuit Judge. This is an action brought by the plaintiff tO' compel the defendant to indemnify the plaintiff on a contractor’s employer’s policy. In this contract, dated June 28, 1913, the defendant agreed to indemnify the assured “against loss from the liability imposed by law upon the assured for damages on account of bodily injuries, including death resulting the'refrom, accidentally suffered by any employee of the assured while engaged in the occupation and at the places mentioned” in the policy and…

1Opinion of the CourtSiebecker, J.

The trial court held that the defendant is estopped from taking advantage of the provision of the policy excluding indemnity for obligation imposed on plaint*99iff by any “workmen’s compensation agreement, plan, or law.” This ruling by the court is based on the grounds that, from the time its contract was made, the defendant knew, and the plaintiff was ignorant of, the existence of the Ohio workmen’s compensation law, and therefore plaintiff believed that it was fully indemnified against loss imposed by law upon it for damages resulting from accidents suffered by its employees in the state of…

2Cases cited3 opinions

  1. McCoy v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1896
  2. Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
  3. Rosenthal v. Insurance Co. of North AmericaWisconsin Supreme Court · 1914

3Cited by12 opinions

  1. State Farm Mutual Automobile Insurance Company v. Fred PetschCourt of Appeals for the Tenth Circuit · 1958
  2. Belt Automobile Indemnity Ass'n v. Ensley Transfer & Supply Co.Supreme Court of Alabama · 1924
  3. Ahnapee & Western Railway Co. v. ChallonerWisconsin Supreme Court · 1967
  4. Artmar, Inc. v. United Fire & Casualty Co.Wisconsin Supreme Court · 1967
  5. Hunter v. Jefferson Standard Life Insurance Co.Supreme Court of North Carolina · 1955

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