Northern States Co., Inc. v. A. Finkl & Sons Co.

JUDGE FEINBERGr

delivered the opinion of the court.

Plaintiff filed a complaint for a declaratory judgment that an indemnity agreement given by it, as contractor, to defendant A. Finid & Sons Company, did not cover an accident occurring to defendant Collins, an employee of plaintiff. Defendant Finid filed a counterclaim for declaratory judgment that said indemnity did cover the accident in question. A hearing by the court resulted in a decree in favor of plaintiff and its insurance carrier, declaring that said indemnity did not cover said accident.

It appears from the evidence that defendant…