Cohen v. Employers' Liability Assurance Corp.

THOMSEN, Chief Judge.

Plaintiffs in these two cases seek to recover from defendant insurer the amount of judgments which they obtained against Sarah P. Cohen (the insured) for personal injuries sustained by them as a result of a collision between an automobile owned and operated by the insured, in which the plaintiffs were riding, and another automobile. The issues are: (1) Did the insured “voluntarily assume any obligation” in violation of Condition 5 of the policy issued to her by defendant insurer? (2) Did defendant insurer waive the alleged breach of condition?

Facts

The insurance policy,…