Eberlein v. Fidelity & Deposit Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Forest •county: W. B. QuiNlam, Circuit Judge. This is an action to recover upon a policy of insurance issued March 15, 1912, by the defendant to the Wisconsin Eruit Package Company to indemnify it from loss resulting from injuries to its employees.
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Appeal from a judgment of tbe circuit court for Forest •county: W. B. QuiNlam, Circuit Judge. This is an action to recover upon a policy of insurance issued March 15, 1912, by the defendant to the Wisconsin Eruit Package Company to indemnify it from loss resulting from injuries to its employees. By the terms of the policy the defendant agreed to indemnify “the assured against loss from the liability imposed by law ... on account of bodily injuries or death” suffered by employees as the result of the negligence of the assured, and contained a clause providing that no action should be brought…
1Opinion of the Court
The following opinion was filed October 3, 1916:
WiNsnow, O. J.
The claim of Castonguay was purely a tort claim, unliquidated, not reduced to judgment until after the adjudication in bankruptcy, and hence not a debt provable in the bankruptcy proceedings. In re Crescent L. Co. 154 Fed. 724; Dunbar v. Dunbar, 190 U. S. 340, 350, 23 Sup. Ct. 757. It follows, necessarily, that the title to the insurance policy did not pass to the trustee in bankruptcy, but remained with the bankrupt to indemnify it against loss. The bankrupt proceedings may therefore be dismissed from consideration.
It is settled…
2Cases cited4 opinions
- Dunbar v. DunbarSupreme Court of the United States · 1903
- Stenbom v. Brown-Corliss Engine Co.Wisconsin Supreme Court · 1909
- Herbo-Phosa Co. v. Philadelphia Casualty Co.Supreme Court of Rhode Island · 1912
- In re Crescent Lumber Co.District Court, S.D. Alabama · 1907
3Cited by19 opinions
- Kuntz v. SpenceTexas Commission of Appeals · 1934
- Combs v. HuntCourt of Appeals of Virginia · 1924
- Liman v. American Steamship Owners Mutual Protection & Indemnity Ass'nDistrict Court, S.D. New York · 1969
- Morehouse v. Employers' Liability Assurance Corp.Supreme Court of Connecticut · 1935
- Luges v. WindellWashington Supreme Court · 1921
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