Burke v. London Guarantee & Accident Co.
New York Supreme Court
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
- Connolly v. BolsterMassachusetts Supreme Judicial Court · 1905
- Frye v. Bath Gas & Electric Co.Supreme Judicial Court of Maine · 1903
- Cushman v. Carbondale Fuel Co.Supreme Court of Iowa · 1904
- Kinnan v. Fidelity & Casualty Co.Appellate Court of Illinois · 1903
3Cited by18 opinions
- Lang v. Hanover InsuranceNew York Court of Appeals · 2004
- Jackson v. Citizens Casualty Co.New York Court of Appeals · 1938
- Maryland Casualty Co. v. PeppardSupreme Court of Oklahoma · 1915
- Seaboard Shipping Corp. v. Jocharanne Tugboat Corp.Court of Appeals for the Second Circuit · 1972
- Ahmed v. American Steamship Owners Mutual Protection & Indemnity Ass'nDistrict Court, N.D. California · 1978
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