American Paper Products Co. v. Ætna Life Insurance
Missouri Court of Appeals
Appeal from the Circuit Court of Lincoln County, —Hon. Edgar B.. Woolfolh, Judge. In an action upon an employer’s liability policy to recover from the insurer the expenses and amount paid-by the employer in satisfaction of a judgment recovered against the employer by an injured employee; the judgment in the action instituted by the employee against the employer is not only admissible in the action of the employer against the insurer, but the employer is estopped by said…
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Appeal from the Circuit Court of Lincoln County, —Hon. Edgar B.. Woolfolh, Judge. In an action upon an employer’s liability policy to recover from the insurer the expenses and amount paid-by the employer in satisfaction of a judgment recovered against the employer by an injured employee; the judgment in the action instituted by the employee against the employer is not only admissible in the action of the employer against the insurer, but the employer is estopped by said judgment from showing in the action ag'ainst the insurer that it was not guilty of the negligence charged in the petition…
1Opinion of the CourtBecker, J.
This i's an action on an employer’s liability policy of insurance to recover of defendant the sum of $932.75, with interest, the amount expended by the plaintiff (the assured) in satisfaction of a judgment rendered against it in an action instituted by one Joseph Istok, an employee of the plaintiff, for. damages on' account of personal injuries sustained by the said Joseph Istok while in the plaintiff’s employ.
The petition, after alleging the issuance of a policy and the undertaking of defendant therein to indemnify plaintiff against loss and expense arising- from claims for damages on…
2Cases cited16 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- Callaway v. IrvinSupreme Court of Georgia · 1905
- City of St. Joseph v. Union Railway Co.Supreme Court of Missouri · 1893
- Short v. TaylorSupreme Court of Missouri · 1897
11 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In Re the Abatement of Additional Assessment of Income Tax by the State AuditorSupreme Court of Missouri · 1945
- Boillot v. Income Guaranty Co.Missouri Court of Appeals · 1937
- Perkins v. BeckerMissouri Court of Appeals · 1942