Legal Opinion

Brassil v. . Maryland Casualty Co.

New York Court of Appeals

Decided February 24, 1914PublishedCited by 105 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 4, 1912, affirming a judgment in favor of plaintiff entered upon a verdict.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 4, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. In June, 1899, the defendant, a casualty insurance company, issued to the plaintiff its policy of insurance whereby it agreed, in consideration of the stipulated premium, to indemnify the plaintiff “against loss from common law or statutory liability for damages on account of bodily injuries ” suffered by any of his employees. The limit of its - liability for an accident to any one employee was fixed…

1Opinion of the CourtWerner, J.

The action is novel. The question is whether an “insured” under a contract of indemnity for common-law or statutory liability to employees, can recover of the “insurer” his reasonable expenses in the prosecution of appeals which the insurer has refuséd to take, after the insured has been cast in judgment in the court of first instance. The mere statement of the question indicates that the answer must depend upon the circumstances. What were the circumstances in the case at bar ? The amount for which the plaintiff was insured in the case of accident to any one employee was $1,500. Before the…

2Cases cited1 opinion

  1. Loughlin v. . BrassilNew York Court of Appeals · 1907

3Cited by105 opinions

  1. Anderson v. Continental InsuranceWisconsin Supreme Court · 1978
  2. Kirke La Shelle Co. v. Paul Armstrong Co.New York Court of Appeals · 1933
  3. Van Valkenburgh, Nooger & Neville, Inc. v. Hayden Publishing Co.New York Court of Appeals · 1972
  4. Gordon v. Nationwide Mutual InsuranceNew York Court of Appeals · 1972
  5. Pavia v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 1993

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