Legal Opinion
Employers Mutual Liability Insurance Co. of Wisconsin v. St. Paul Mercury Indemnity Co.
Civil Court of the City of New York
Decided March 22, 1968Published
1Opinion of the CourtEdward J. Greenfield, J.
In this action, the plaintiff insurance company, Employers Mutual Liability Insurance Co. of Wisconsin, seeks indemnification from the defendant insurance company, St. Paul Mercury Indemnity Co., for a sum it paid out in settlement of a lawsuit which it contends was primarily the responsibility of the defendant.
The action is submitted as a stipulated set of facts. The operative facts are these:
On May 11,1955 A. E. Ottaviano Inc., plaintiff’s insured, was doing heavy construction work at the 63.3-mile mark on the New York State Thruway. During the course of that work one of its employees,…
2Cases cited4 opinions
- B & D Motor Lines, Inc. v. Citizens Casualty Co.City of New York Municipal Court · 1943
- B & D Motor Lines, Inc. v. Citizens Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1944
- Moore-McCormack Lines, Inc. v. Maryland Casualty Co.District Court, S.D. New York · 1959
- Eastern Chemicals, Inc. v. Continental Casualty Co.New York Supreme Court · 1960