Hoven v. Employers' Liability Assurance Corp.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Charles Smith, Judge. On the 3d day of March, 1892, the appellant issued to the-West Superior Iron & Steel Company its policy of insurance, the essential parts of which are as follows: “Whereas, the West Superior Iron and Steel Company of West Superior, Wisconsin, hereinafter called the employer, by application dated the 1st of March, 1892, the statements, in which the employer warrants to be true and agrees…
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Appeal from a judgment of the superior court of Douglas county: Charles Smith, Judge. On the 3d day of March, 1892, the appellant issued to the-West Superior Iron & Steel Company its policy of insurance, the essential parts of which are as follows: “Whereas, the West Superior Iron and Steel Company of West Superior, Wisconsin, hereinafter called the employer, by application dated the 1st of March, 1892, the statements, in which the employer warrants to be true and agrees shall be incorporated herein, has applied to the Employers’ liability Assurcmoe Corporation . . . for indemnity against…
1Opinion of the CourtMaeshall, J.
Did the court err in construing the policy of insurance to be a contract of indemnity against liability, instead of one of indemnity against damages, and in holding that payment of the personal injury claim is not a condition precedent to the right to recover thereon?
The policy recites that it is issued on an application for i/ndemnit/y against claims for compensation for personal injuries. It acknowledges the payment of $1,044 as the premium for such indemnity for a period of twelve months. This is followed by the agreement to pay ‘ to the employer . . . all sums for which it shall become…
2Cases cited9 opinions
- Todd v. . City of TroyNew York Court of Appeals · 1875
- Anoka Lumber Co. v. Fidelity & Casualty Co.Supreme Court of Minnesota · 1895
- Niagara Fire Insurance v. ScammonIllinois Supreme Court · 1881
- Insurance Co. of North America v. GarlandIllinois Supreme Court · 1883
- Symonds v. Northwestern Mutual Life InsuranceSupreme Court of Minnesota · 1877
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3Cited by38 opinions
- Connolly v. BolsterMassachusetts Supreme Judicial Court · 1905
- Clark v. Bonsal & Co.Supreme Court of North Carolina · 1911
- Sanders v. Frankfort Marine, Accident & Plate Glass InsuranceSupreme Court of New Hampshire · 1904
- Frye v. Bath Gas & Electric Co.Supreme Judicial Court of Maine · 1903
- Quinlan v. Liberty Bank and Trust Co.Supreme Court of Louisiana · 1991
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