Anoka Lumber Co. v. Fidelity & Casualty Co.
Supreme Court of Minnesota
Appeals by plaintiff Albert C. Cobb, assignee, and by defendant from an order of tbe district court for Hennepin county, Bussell,, J., denying their respective motions for á new trial. The contract is one of indemnity only and there can be no recovery because the judgment has not been paid by the assured.
Read the full summary
Appeals by plaintiff Albert C. Cobb, assignee, and by defendant from an order of tbe district court for Hennepin county, Bussell,, J., denying their respective motions for á new trial. The contract is one of indemnity only and there can be no recovery because the judgment has not been paid by the assured. The essence of a policy of insurance is the agreement to indemnify. 1 May, Ins. §§ 1, 2; Castellain v. Preston, L. B. 11 Q. B. D. 380. Where a' contract is one of indemnity, there can be no compensation except for actual loss, and whether the contract is one of indemnity against liability,…
1Opinion of the CourtBuck, J.
This action is brought under an employers’ liability policy, issued by the Fidelity & Casualty Company of New York to the Anoka Lumber Company, insuring the company for twelve months against liability for damages, up to stated limits, on account of fatal or nonfatal injuries suffered by an employé or employés of the assured while engaged in the occupations and at the places specified.
On May 25,1893, while the policy was in force, one of the insured’s employés, Claus E. Nelson, the intervenor, and respondent, was injured. At the time the assured was informed and knew of the accident, but it…
2Cases cited3 opinions
- Chandler v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1874
- Wilder v. PeabodySupreme Court of Minnesota · 1887
- Symonds v. Northwestern Mutual Life InsuranceSupreme Court of Minnesota · 1877
3Cited by51 opinions
- Patterson v. AdanSupreme Court of Minnesota · 1912
- Connolly v. BolsterMassachusetts Supreme Judicial Court · 1905
- Sanders v. Frankfort Marine, Accident & Plate Glass InsuranceSupreme Court of New Hampshire · 1904
- Frye v. Bath Gas & Electric Co.Supreme Judicial Court of Maine · 1903
- Quinlan v. Liberty Bank and Trust Co.Supreme Court of Louisiana · 1991
46 more not listed; retrieve them via the Exa API.