Gordon v. Phœnix Assurance Co. of New York

HIRAM CHURCH FORD, Chief Judge.

Under a policy of liability insurance issued by the defendant to the plaintiffs as partners engaged in the business of scrap material dealers, the plaintiffs seek to recover the amount paid by them for damages to property of the State of Kentucky resulting from negligence of the plaintiffs’ employees in the use of an acetylene torch in cutting boilers to be removed from a building of the State of Kentucky wherein they were located.

Both parties have made motions for summary judgment on the ground that there is no genuine issue as to any material fact and the…