Fairbanks Canning Co. v. London Guaranty & Accident Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — So». L. J. Eastin, Judge. (1) "Where an employer’s liability insurance company, under its policy, undertakes and controls the defense of a personal injury suit brought against the assured by one of its employees, the insurance company thereby waives the right to claim that the injured employee was not covered by the policy, and by its, conduct in defending.such suit is estopped from denying its liability under the policy.
Read the full summary
Appeal from Buchanan Circuit Court. — So». L. J. Eastin, Judge. (1) "Where an employer’s liability insurance company, under its policy, undertakes and controls the defense of a personal injury suit brought against the assured by one of its employees, the insurance company thereby waives the right to claim that the injured employee was not covered by the policy, and by its, conduct in defending.such suit is estopped from denying its liability under the policy. Mining Co. v. Fidelity & Casualty Co., 126 Mo. App. 104; Myton v.- Fidelity & Casualty Co., 117 Mo. App. 442; Tozer v. Ocean Accident &…
1Opinion of the CourtEllison, J.
The defendant’s business is to insure or indemnify employers for loss by reason of damages accruing to employees on account of injuries received by the latter for which the employer would be legally liable. This action is for the indemnity alleged to be due plaintiff by reason of damages paid to one of its employees for an injury received by him. The verdict in the trial court was for the plaintiff, but a motion for new trial was sustained, and plaintiff appealed from that order.
The contract of insurance named as the insured, Nelson Morris & Co., and others set forth in a schedule; the words…
2Cases cited6 opinions
- London Assurance v. Companhia De Moagens Do BarreiroSupreme Court of the United States · 1897
- Glens Falls Portland Cement Co. v. Travelers' InsuranceNew York Court of Appeals · 1900
- Tozer v. Ocean Accident & Guarantee Corp.Supreme Court of Minnesota · 1905
- Royle Mining Co. v. Fidelity & Casualty Co.Missouri Court of Appeals · 1907
- Gore v. BrockmanMissouri Court of Appeals · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Malley v. American Indemnity Co.Supreme Court of Pennsylvania · 1929
- Cowell v. Employers Indemnity Corp.Supreme Court of Missouri · 1930
- Missouri, Kansas & Texas Railway Co. v. American Surety Co.Supreme Court of Missouri · 1921
- Royal Mining Company v. Fidelity Casualty Co.Missouri Court of Appeals · 1911
- Belt Automobile Indemnity Ass'n v. Ensley Transfer & Supply Co.Supreme Court of Alabama · 1924
42 more not listed; retrieve them via the Exa API.