Legal Opinion

Zurich, C., Co., Ltd. v. American Mutual, C., Co

Supreme Court of New Jersey

Decided May 28, 1937PublishedCited by 33 opinions

1Opinion of the Court

One Borer sustained personal injury at the hands of a servant of Hamilton Farms, Inc., a dairy concern (hereinafter referred to as the "assured"), while engaged in the master's service; and the point in controversy is which of two policies of liability insurance, issued by plaintiff and defendant, respectively, affords indemnity coverage.

Borer instituted action to recover the consequent damage. Each insurer denied coverage, and, upon defendant's refusal so to do, plaintiff undertook defense of the action, and gave notice to defendant that it "would look to" it "for reimbursement in the event…

2Cases cited2 opinions

  1. Corn Exchange National Bank & Trust Co., Philadelphia v. TaubelSupreme Court of New Jersey · 1934
  2. Fleming v. Connecticut General InsuranceSupreme Court of New Jersey · 1935

3Cited by33 opinions

  1. Schmidt v. Utilities Insurance Co.Supreme Court of Missouri · 1944
  2. Brenner v. Aetna Insurance CompanyCourt of Appeals of Arizona · 1968
  3. Raffel v. Travelers Indemnity Co.Supreme Court of Connecticut · 1954
  4. Stammer v. KitzmillerWisconsin Supreme Court · 1937
  5. Bituminous Cas. Corp. v. Travelers Ins. Co.District Court, D. Minnesota · 1954

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