Rudolph v. Currer

We will discuss the two orders separately.

Order of December 30, 1957.

It is undisputed that Employers Mutuals had in effect at the time of the plaintiffs accident a comprehensive personal liability insurance policy issued to the defendant Currer providing (Coverage A) that it would pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury. The policy contains a “no action” clause providing as follows:

“9. Action Against Company — Coverage A. No action shall lie against the company unless, as a condition precedent thereto,…