Fidelity and Casualty Company v. Stewart Dry Goods

Opinion of the Court by

Commissioner Hobson

Reversing.

The Stewart Dry Goods Company is a corporation engaged in the general merchandise business in Louisville, Kentucky. The Fidelity and Casualty Company of New York is an insurance company which, among other things, issued elevator liability policies, insuring persons against loss as a result of accidents to their employes. In 1912 it issued, in consideration of the sum of $18.00, an elevator liability policy to the dry goods company by which it agreed to indemnify it against loss or damages, not exceeding $5,000.00, on account of bodily injury…