Cavanaugh v. General Accident Fire & Life Assurance Corp.
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for the plaintiffs. The defendant insured the plaintiffs against liability for accidents, and when one of their horses kicked Blais, it assumed the defence of his claim.
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Case, for negligence. Trial by jury and verdict for the plaintiffs. The defendant insured the plaintiffs against liability for accidents, and when one of their horses kicked Blais, it assumed the defence of his claim. This action is brought to recover from the defendant the sum of three thousand dollars, which the plaintiffs claim they paid because of the negligence of the defendant in the preparation and manner of conducting the defence. '“ Transferred by Kivel, C. J., from the May term, 1918,'"of"the superior court, on the defendant’s exceptions to the denial of its motion for a directed…
1Opinion of the CourtYoung, J.
The evidence warrants the findings that Blais’ claim should have been settled and that it might have been settled before suit was brought without calling on the plaintiffs for contribution. The defendant, however, made no serious attempt to settle with Blais until matters were in such shape there was nothing else to do, when the case was settled for 16000. The question, therefore, raised by the defendant’s first exception is whether it owed the plaintiffs the duty of settling with Blais before suit, if that was the reasonable thing to do. As to that there can be no question; for when the…
2Cases cited1 opinion
- Batchelder v. Manchester Street RailwaySupreme Court of New Hampshire · 1903
3Cited by26 opinions
- G. A. Stowers Furniture Co. v. American Indemnity Co.Texas Supreme Court · 1929
- Auto Mutual Indemnity Co. v. ShawSupreme Court of Florida · 1938
- Traders & General Ins. Co. v. Rudco Oil & Gas Co.Court of Appeals for the Tenth Circuit · 1942
- American Mut. Liability Ins. Co. v. CooperCourt of Appeals for the Fifth Circuit · 1932
- Tyger River Pine Co. v. Maryland Casualty Co.Supreme Court of South Carolina · 1933
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