Norfolk & Dedham Fire Insurance v. Aetna Casualty & Surety Co.

The plaintiff seeks reimbursement from the defendant of amounts which it erroneously paid in making settlement of a dog bite claim arising on May 24, 1964. Both parties had issued policies of insurance to the same insured; the one by plaintiff being a homeowner’s policy and the one by defendant being an automobile liability policy. The court heard the case on stipulated facts. It found that the plaintiff was a volunteer and guilty of laches and entered judgment thereon for the defendant. The plaintiff appealed.

In May 1964, a Mrs. Loecher, the insured, a resident of Burlington, with her 3-year…