Davison v. Maryland Casualty Co.
Massachusetts Supreme Judicial Court
Contract on a policy of insurance against liability for accidents caused through the negligence of the assured in relation to the horses or vehicles in his service and the use thereof, to recover the sum of $330 with interest thereon from March 29, 1905, when that sum was paid by the plaintiff as stated below.
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Contract on a policy of insurance against liability for accidents caused through the negligence of the assured in relation to the horses or vehicles in his service and the use thereof, to recover the sum of $330 with interest thereon from March 29, 1905, when that sum was paid by the plaintiff as stated below. Writ dated Aug. 14, 1905. In the Superior Court the case was submitted to Bell, J., upon an agreed statement of facts as follows: On May 14, 1900, for the consideration therein stated, the defendant issued to the plaintiff a policy, insuring the plaintiff in accordance with that policy,…
1Opinion of the CourtLoring, J.
The contract here sued on is one to “ indemnify ” the plaintiff “ against loss from common law or statutory liability for damages on account of bodily injuries . . . caused through the negligence of the assured,” &a. What is meant by the words “ against loss ” is described in article 8 of the conditions precedent to which the insurance is stated to be subject. Article 8 provides that no action shall lie for “ any loss,” unless brought “to reimburse” the assured “for loss actually sustained and paid by him in satisfaction of a judgment after trial of the issue.” By special agreement A, “ the…
2Cases cited1 opinion
- Connolly v. BolsterMassachusetts Supreme Judicial Court · 1905
3Cited by37 opinions
- Lorando v. GethroMassachusetts Supreme Judicial Court · 1917
- Abrams v. Factory Mutual Liability InsuranceMassachusetts Supreme Judicial Court · 1937
- Kinnan v. Charles B. Hurst Co.Illinois Supreme Court · 1925
- Rollins v. Bay View Auto Parts Co.Massachusetts Supreme Judicial Court · 1921
- Cormier v. HudsonMassachusetts Supreme Judicial Court · 1933
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