Hartford Accident & Indemnity Co. v. Payne

KILKENNY, District Judge.

Plaintiff’s assured purchased from defendant a substance known as “condensed smoke.” The substance exploded injuring two boys. Actions for damages were commenced by the injured in California. Defendant was notified of the commencement of the actions and refused to defend. Plaintiff settled said actions for substantial sums and here, as subrogee, prosecutes this indemnity action to recover the amounts so paid and its costs and expenses there incurred. Defendant admits the reasonableness of the amounts of the settlements.

For decision is the question as to whether this…