West Riverside Coal Co. v. Maryland Casualty Co.

In 1905 the defendant issued to the plaintiff a policy of indemnity against “loss from the liability imposed by law upon the assured from damages on account of bodily injuries, or death, accidentally suffered while this policy is in force, by an employee or employees of the assured.” While this policy was in force, O. E. Brown, an employee of the plaintiff at its mine, was killed, and thereafter his administratrix brought suit against the plaintiff to recover damages for his death. In accordance with the terms of the policy, the plaintiff at once notified *162the defendant of the situation, and…