Western Casualty & Surety Co. v. Aponaug Mfg. Co.

RIVES, 'Circuit Judge.

This appeal is from a summary judgment entered against the appellant as the defendant below.

The plaintiff in the District Court, Apo-naug Manufacturing Company, filed its complaint against the defendant, The Western Casualty & Surety Company, upon a policy of liability insurance indemnifying the insured against certain liability imposed by law, caused by accident and arising out of any of the hazards set forth in the policy. The insurer agreed also to defend any suit against the insured seeking to.recover such damages.

The complaint set forth that the insured had been…