Legal Opinion

Gibbs v. Employers Mutual Liability & Insurance

Supreme Court of North Carolina

Decided September 20, 1944PublishedCited by 10 opinions

1Opinion of the Court

"WiNBORNE, I.

The question presented is whether plaintiff, as employee of William Russ, is covered by tbe provisions of tbe policy, of indemnity upon wbicb suit is based.

Tbe parties debate in this Court tbe force and effect of subsection (d) of tbe clauses of ExclusioNS. While tbe language there used appears to be clear and unambiguous, we are of opinion that tbe first hurdle plaintiff must mount is whether William Russ, separately and individually, is covered by tbe policy. Tbe policy insures North Carolina Pulp Company and William Russ from liability for damage sustained in tbe use of tbe…

2Cases cited3 opinions

  1. Associated Indemnity Corp. v. WachsmithWashington Supreme Court · 1940
  2. Gibbs v. . RussSupreme Court of North Carolina · 1943
  3. Homer Hunt v. Maryland Casualty Co.Supreme Court of North Carolina · 1937

3Cited by10 opinions

  1. American Fidelity & Casualty Company, Inc. v. St. Paul-Mercury Indemnity CompanyCourt of Appeals for the Fifth Circuit · 1957
  2. Cimarron Insurance v. Travelers InsuranceOregon Supreme Court · 1960
  3. Maryland Casualty Co. v. New Jersey Manufacturers (Casualty) InsuranceNew Jersey Superior Court Appellate Division · 1958
  4. Simpson v. American Automobile Insurance CompanyMissouri Court of Appeals · 1959
  5. South Carolina Insurance v. SmithCourt of Appeals of North Carolina · 1984

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