Newton v. Westchester Fire Insurance

Hatcher, Judge:

Plaintiff obtained a judgment for property loss against a common carrier who had an indemnity insurance policy with defendant. The carrier is insolvent, and the judgment is wholly unsatisfied. Plaintiff seeks in this suit to recover the amount of the judgment from defendant. A demurrer to the bill was sustained, and the bill dismissed.

The policy contains this restriction: “No suit or action shall lie against the Company to recover for any loss under this policy unless it shall be brought by the assured for loss actually sustained and paid by the assured.”

Plaintiff’s counsel…