Legal Opinion

Burke v. London Guarantee & Accident Co.

New York Supreme Court

Decided May 15, 1905PublishedCited by 18 opinions

Suit in equity to make the defendant pay a judgment for $3,000 recovered by the plaintiff against the Brooklyn Wharf & Warehouse Co. (a corporation) for damages for personal .injuries by negligence. The Brooklyn Wharf & Warehouse Co. became insolvent, did not pay the judgment, and had been dissolved: by a judgment of this court before this suit was brought. ' This defendant insured the said Brooklyn Wharf & Warehouse Co. against damage for personal injuries caused by it.

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Suit in equity to make the defendant pay a judgment for $3,000 recovered by the plaintiff against the Brooklyn Wharf & Warehouse Co. (a corporation) for damages for personal .injuries by negligence. The Brooklyn Wharf & Warehouse Co. became insolvent, did not pay the judgment, and had been dissolved: by a judgment of this court before this suit was brought. ' This defendant insured the said Brooklyn Wharf & Warehouse Co. against damage for personal injuries caused by it. The plaintiff relies mainly on the following provisions of the policy: “ 2. If thereafter, any suit is brought against the…

1Opinion of the Court

Gaynor, J.:

The defendant agreed to <( indemnify ” the insured company “ against loss from common law or statutory liability for damages on account of bodily injuries ” caused by the. negligence of the insured, these being the words of the policy. The loss was not paid by the insured to the plaintiff, although she obtained a judgment against the insured for her damages, and hence the defendant never became liable to the insured on her account. The fact that the insured became insolvent; and could not pay the plaintiff’s judgment against it, gave her no claim, legal or equitable, against the…

2Cases cited4 opinions

  1. Connolly v. BolsterMassachusetts Supreme Judicial Court · 1905
  2. Frye v. Bath Gas & Electric Co.Supreme Judicial Court of Maine · 1903
  3. Cushman v. Carbondale Fuel Co.Supreme Court of Iowa · 1904
  4. Kinnan v. Fidelity & Casualty Co.Appellate Court of Illinois · 1903

3Cited by18 opinions

  1. Lang v. Hanover InsuranceNew York Court of Appeals · 2004
  2. Jackson v. Citizens Casualty Co.New York Court of Appeals · 1938
  3. Maryland Casualty Co. v. PeppardSupreme Court of Oklahoma · 1915
  4. Seaboard Shipping Corp. v. Jocharanne Tugboat Corp.Court of Appeals for the Second Circuit · 1972
  5. Ahmed v. American Steamship Owners Mutual Protection & Indemnity Ass'nDistrict Court, N.D. California · 1978

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