Legal Opinion

Employers' Liability Assurance Corp. v. Home Indemnity Co.

Court of Appeals of Kentucky

Decided January 30, 1970PublishedCited by 6 opinions

1Opinion of the Court

DAVIS, Commissioner.

At issue is which of two liability insurance carriers must pay damages for the personal injury sustained by Cecil Jack Allen in an unusual accident.

Allen undertook to buy some chairs at the store of Sun TV No. 2, Inc. Joseph Schamback, a stockholder and manager of Sun TV No. 2, waited on Allen. When it was noted that the price for the chairs was not marked on them, Schamback accompanied Allen to Schamback’s office to examine a price list. Schamback’s briefcase was lying open on top of a file cabinet with a revolver on top of various documents in the briefcase. Schamback…

2Cases cited5 opinions

  1. Morgan v. Greater New York Taxpayers Mutual InsuranceNew York Court of Appeals · 1953
  2. Wenig v. Glens Falls Indemnity Co.New York Court of Appeals · 1945
  3. Western Casualty & Surety Co. v. Aponaug Mfg. Co.Court of Appeals for the Fifth Circuit · 1952
  4. Frederick v. CollinsCourt of Appeals of Kentucky (pre-1976) · 1964
  5. Cottrell v. Martin A. Ceder, Inc.Court of Appeals of Kentucky · 1964

3Cited by6 opinions

  1. Employers Mutual Casualty Co. v. KangasSupreme Court of Minnesota · 1976
  2. Robert D. Russell v. United StatesCourt of Appeals for the Sixth Circuit · 1972
  3. State Farm Insurance Co. v. EdwardsKentucky Supreme Court · 2011
  4. Blair v. City of WinchesterCourt of Appeals of Kentucky · 1987
  5. 2 Brothers Market, LLC v. Kentucky Farm Bureau Insurance CompanyCourt of Appeals of Kentucky · 2025

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