General Accident Fire & Life Assurance Corp. v. Hanley Oil Co.

This is a proceeding under G. L. (Ter. Ed.) c. 231 A, inserted by St. 1945, c. 582, § 1, whereby the plaintiff (hereinafter called the insurance company) seeks an adjudication that it is not obligated under a motor vehicle liability policy issued by it to the defendant Hanley Oil Co. Inc. (hereinafter called the insured) to defend, or pay any judgment in, an action brought against the insured by the defendant Simon.

By “Coverage C” of the policy, issued January 1, 1943, the insurance company, up to a limit of $5,000, agreed “To pay on behalf of the insured all sums which the insured shall *73becom…