Mason-Henry Press v. . &198tna L. Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 11, 1918, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 11, 1918, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant, having taken exclusive control of the action brought by Krause, and having defended that action through to judgment, is estopped from claiming that the Krause claim was not covered by the policy, and it was, therefore, error for the trial court to…
1Opinion of the CourtHiscock, J.
The respondent issued to the appellant a contract of insurance commonly known as an employers’ liability policy, agreeing to indemnify it against loss or expense from claims arising out of injuries to employees. This policy, in most of its essential parts at least, was in the ordinary form of such contracts, and for the purposes of this discussion special attention need be called to only a few of its provisions.
In substance it provided for notice to the insurer of any accident, for delivery to the latter of any summons or complaint in an action for injuries and control by it of such…
2Cases cited1 opinion
- Brassil v. . Maryland Casualty Co.New York Court of Appeals · 1914
3Cited by46 opinions
- Gerka v. Fidelity & Casualty Co.New York Court of Appeals · 1929
- Salonen v. PaanenenMassachusetts Supreme Judicial Court · 1947
- American Home Assurance Co. v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 1979
- Cardinal v. State of New YorkNew York Court of Appeals · 1952
- Christian v. Royal Insurance Co.Supreme Court of Minnesota · 1932
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