Getchell & Martin L. M. Co. v. Employers Liability Assurance Corp.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. Both parties hereto are corporations. Plaintiff is engaged in manufacturing, and employs labor, and defendant’s business is that of insuring employers against loss on account of personal injuries suffered by their employes, in the line of duty. Plaintiff had a policy with de1 fendant in which it was insured to_ the amount of $1,500 in .case of injury to any one employe.
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Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. Both parties hereto are corporations. Plaintiff is engaged in manufacturing, and employs labor, and defendant’s business is that of insuring employers against loss on account of personal injuries suffered by their employes, in the line of duty. Plaintiff had a policy with de1 fendant in which it was insured to_ the amount of $1,500 in .case of injury to any one employe. During the existence of this policy, one Harry A. Newbury met with an accident while in plaintiff’s employ, which resulted in the loss of his right hand. He…
1Opinion of the Court
Waterman, J. —
One provision in the policy reserved rights to defendant in these words: “On receiving from the employer notice of any claim, the corporation may take upon themselves the settlement of same, and in that case the employer shall give them all necessary information and assistance for the purpose. The employer shall not, except at his own cost, settle any claim or incur any expense without the consent of the corporation: provided, however, that if, upon the happening of an accident covered by this policy, the employer shall, in his discretion, take any step for the immediate medical…
2Cases cited6 opinions
- Cox v. SullivanSupreme Court of Georgia · 1849
- Moorman v. WoodIndiana Supreme Court · 1889
- Smith v. YagerSupreme Court of Iowa · 1891
- Wright v. Farmers Mutual Live-Stock InsuranceSupreme Court of Iowa · 1895
- Suydam v. VanceU.S. Circuit Court for the District of Indiana · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Beeck v. KapalisSupreme Court of Iowa · 1981
- Henke v. Iowa Home Mutual Casualty CompanySupreme Court of Iowa · 1959
- Baker v. BealSupreme Court of Iowa · 1975
- Bennett v. ConradySupreme Court of Kansas · 1957
- Oda v. Highway InsuranceAppellate Court of Illinois · 1963
11 more not listed; retrieve them via the Exa API.