Mann v. Employers Liability Assurance Corp.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $3,-114.15', under defendant’s policy of insurance. Among other matters the answer alleged that it was agreed between these plaintiffs and defendant that defendant might appear, through its attorney, for plaintiffs and defend the action for them without prejudice to the rights of defendant to deny any and all liability upon its part to plaintiffs under said policy of insurance.
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Action in the district court for Ramsey county to recover $3,-114.15', under defendant’s policy of insurance. Among other matters the answer alleged that it was agreed between these plaintiffs and defendant that defendant might appear, through its attorney, for plaintiffs and defend the action for them without prejudice to the rights of defendant to deny any and all liability upon its part to plaintiffs under said policy of insurance. The case was tried before Brill, J., who granted defendant’s motion for a directed verdict. Erom an order denying plaintiffs’ motion for a new trial, they…
1Opinion of the CourtPhilip E. Brown, J.
Action on an employers’ liability insurance policy issued by defendant to plaintiffs as copartners, to recover the amount of a judgment rendered against them for the death of an employee.
Plaintiffs gave defendant immediate notice of the accident, and thereupon defendant investigated and became conversant with all the facts. Thereafter, on November 2, 1910, the action was commenced, *306•which resulted in judgment against plaintiffs and, they having immediately transmitted the summons and complaint to defendant company, its attorney took charge of the case, interposed an answer, and subsequently…
2Cases cited7 opinions
- Glens Falls Portland Cement Co. v. Travelers' InsuranceNew York Court of Appeals · 1900
- Tozer v. Ocean Accident & Guarantee Corp.Supreme Court of Minnesota · 1905
- Royle Mining Co. v. Fidelity & Casualty Co.Missouri Court of Appeals · 1907
- Empire State Surety Co. v. Pacific Nat. Lumber Co.Court of Appeals for the Ninth Circuit · 1912
- Employers' Liability Assur. Corp. v. Chicago & Big Muddy Coal & Coke Co.Court of Appeals for the Seventh Circuit · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Faber v. RoelofsSupreme Court of Minnesota · 1977
- Peterson v. MaloneySupreme Court of Minnesota · 1930
- Oehme v. JohnsonSupreme Court of Minnesota · 1930
- Liddell v. Standard Accident InsuranceMassachusetts Supreme Judicial Court · 1933
- McCann v. Iowa Mutual Liability InsuranceSupreme Court of Iowa · 1942
12 more not listed; retrieve them via the Exa API.