Legal Opinion

Frankfort Marine, Accident & Plate Glass Ins. v. Stevens

Court of Appeals for the Ninth Circuit

Decided February 1, 1915No. 2397PublishedCited by 3 opinions

In Error to the District Court of the United States for the Southern Division of the Western District of Washington; Edward E. Cushman, Judge. Action at law by John B. Stevens & Co., a corporation, against the Frankfort Marine, Accident & Plate Glass Insurance Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

GILBERT, Circuit Judge.

The plaintiff in error issued its policy of insurance to the defendant in error, insuring it against loss on account of damages for bodily injuries or death suffered by any of its employés through accidental causes. While the policy was in force, and on or about July 19, 1909, one Merrill, an employé of the insured, was injured. On October 28, 1909, Merrill commenced an action against the defendant in error to recover damages. The .insurance company refused to defend the action, and denied its liability on the policy, for the reason that notice of the accident had not…

2Cases cited5 opinions

  1. Chicago, St. P., M. & O. Ry. Co. v. BelliwithCourt of Appeals for the Eighth Circuit · 1897
  2. Lesser Cotton Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
  3. Fuller v. New York Life Ins.Court of Appeals for the Third Circuit · 1912
  4. Fidelity Mut. Life Ass'n v. JeffordsCourt of Appeals for the Fifth Circuit · 1901
  5. Nome Beach Lighterage & Transportation Co. v. Munich Assur. Co.District Court, N.D. California · 1903

3Cited by3 opinions

  1. Commercial Casualty Ins. v. Fruin-Colnon Contracting Co.Court of Appeals for the Eighth Circuit · 1929
  2. Hazeltine Corp. v. Radio Corp. of AmericaDistrict Court, S.D. New York · 1932
  3. Bruce Singer v. Henry BushkinCourt of Appeals for the Ninth Circuit · 2018

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