Maryland Casualty Co. v. Omaha Electric Light & Power Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Nebraska. This was a suit instituted by the Omaha Electric Light & Power Company against the casualty company to recover on an employer’s indemnity contract issued by defendant to plaintiff’s assignor, the New Omaha Thomson-Houston Electric Light Company, hereinafter called the Thomson Company, to indemnify it for the period of one year against loss for damages sustained by its employés and caused by its…
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In Error to the Circuit Court of the United States for the District of Nebraska. This was a suit instituted by the Omaha Electric Light & Power Company against the casualty company to recover on an employer’s indemnity contract issued by defendant to plaintiff’s assignor, the New Omaha Thomson-Houston Electric Light Company, hereinafter called the Thomson Company, to indemnify it for the period of one year against loss for damages sustained by its employés and caused by its negligence. While the policy was in force one Dent, an employe, was accidentally injured and died. The administratrix of…
1Opinion of the CourtAdams, Circuit Judge
(after stating the case as above). 1. Do the first and second provisions of the policy above set forth defeat plaintiffs right to recover as assignee or successor of the Thomson Company, the assured named in the policy? The provisions referred to avoid the policy in the event of its assignment without the written' consent of the insurer and declare that no action to recover on the policy shall lie against the insurer unless brought by the assured himself to reimburse him for loss actually sustained in the payment of a final judgment on the merits. The assignment in question was made after the…
2Cases cited15 opinions
- Frye v. Bath Gas & Electric Co.Supreme Judicial Court of Maine · 1903
- Rumford Falls Paper Co. v. Fidelity & Casualty Co.Supreme Judicial Court of Maine · 1899
- Allen v. Etna Life Ins.Court of Appeals for the Third Circuit · 1906
- Roger Williams Insurance v. CarringtonMichigan Supreme Court · 1880
- Dogge v. Northwestern National InsuranceWisconsin Supreme Court · 1880
10 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Patterson v. AdanSupreme Court of Minnesota · 1912
- Ocean Accident & Guarantee Corp. v. Southwestern Bell Telephone Co.Court of Appeals for the Eighth Circuit · 1939
- Fluor Corporation v. Super. Ct.California Supreme Court · 2015
- Obstetricians-Gynecologists, P.C. v. Blue Cross & Blue ShieldNebraska Supreme Court · 1985
- Bolton v. ZieglerDistrict Court, N.D. Iowa · 1953
36 more not listed; retrieve them via the Exa API.