Robert Kincade, Eva Kincade and W. S. Kincade v. American Casualty Company of Reading, Pennsylvania

This case involves the question whether the Insurer (American Casualty Company) under an employer’s general liability policy is liable to reimburse the Assured (Kincade) for the amount paid by him to an indemnitee (C & L) under a hold harmless agreement. The litigation between the Assured (the indemnitor) and the Indemnitee (C & L) was twice before the Supreme Court of Arkansas, C & L Rural Electric Cooperative Corporation v. Kincaid, 1953, 221 Ark. 450, 256 S.W.2d 337; Kincade v. C & L Rural Electric Cooperative Corporation, 1957, 227 Ark. 321, 299 S.W.2d 67. It was under that judgment…