Saratoga Trap Rock Co. v. Standard Accident Insurance
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.
1Dissent
Kellogg, J. (dissenting):
By its policy the defendant agreed “ to. indemnify the assured * * * against loss by reason of the liability imposed by law upon the assured for damages on account of bodily injuries,” etc. The policy provided: “ The company’s liability for an accident resulting in injuries to or in the death of one person is limited to Rive Thousand Dollars; ” that the assured shall not voluntarily assume any liability or settle any claim except at its own cost; shall not interfere with negotiations for settlement, or with legal proceedings, and that “no action shall lie against the…
2Cases cited2 opinions
- Schumacher v. Great Eastern Casualty & Indemnity Co.New York Court of Appeals · 1909
- Steiner v. Fourth Presbyterian ChurchAppellate Division of the Supreme Court of the State of New York · 1897