Legal Opinion
American Mutual Liability Insurance v. MacFarlane Fire Prevention Corp.
District Court, E.D. New York
Decided June 24, 1958No. Civ. A. No. 15533PublishedCited by 4 opinions
1Opinion of the Court
BYERS, Chief Judge.
This case, in which a declaratory judgment is sought, involves the single question of whether the defendant has forfeited its right to call upon the plaintiff, its insurer, to defend certain civil actions in which it is a co-defendant. They are based on circumstances about to be related.
The facts are not in dispute, which dispenses with the necessity for findings.
The defendant’s business is to render services to owners and occupants of buildings in the cause of fire prevention. Among other things, it conducts fire drills on the premises of its customers; also it inspects…
2Cases cited5 opinions
- Deso v. London & Lancashire Indemnity Co. of AmericaNew York Court of Appeals · 1957
- Dunn v. Travelers Indemnity Co.Court of Appeals for the Fifth Circuit · 1941
- Maryland Casualty Co. v. SammonsCourt of Appeals for the Fifth Circuit · 1938
- Standard Accident Ins. v. TurgeonCourt of Appeals for the First Circuit · 1944
- Brennan v. Travelers Insurance CompanyNew York Court of Appeals · 1946
3Cited by4 opinions
- Hartford Accident & Indemnity Company, a Corporation v. Otho R. DayCourt of Appeals for the Tenth Circuit · 1964
- Hubner & Williams Construction Co. v. London Guarantee & Accident Co.District Court, D. Colorado · 1967
- Rand V. Underwriters at Lloyd's, London Subscribing Lloyd's Policy No. DB6/234Court of Appeals for the Second Circuit · 1961
- Adele L. Rand v. Underwriters at Lloyd's, London Subscribing Lloyd's Policy No. Db6/234, Adele L. Rand v. Guardian Assurance Company, Ltd., the Prudential Assurance Company, Ltd., and the United Scottish Insurance Company, Ltd.Court of Appeals for the Second Circuit · 1961