Employers' Liability Assurance Corp. v. Employers' Liability Insurance Co. of the United States
New York Supreme Court
Appeal from special term, Hew York county. Action by the Employers’ Liability Assurance Corporation, Limited, against the Employers’ Liability Insurance Company of the United States and others. From a judgment dismissing the complaint on the merits, plaintiff appeals.
1Opinion of the CourtFollett, J.
Upon the appeal from the first judgment entered in this action it was held that the plaintiff is not entitled to the exclusive use of the term “Employers’ Liability” as part of its corporate name, and that its use by the defendant could not be restrained, though such issue might mislead or deceive persons intending to insure with the plaintiff. 61 Hun, 552, 16 N. Y. Supp. 397. But it was held that, if the defendant was doing business in this state without permission of the insurance department, the plaintiff might be entitled to a judgment restraining the defendant from doing business in this…
2Cases cited1 opinion
- Employers' Liability Assurance Corp. v. Employers' Liability InsuranceNew York Supreme Court · 1891