Rooney v. Maryland Casualty Co.
Massachusetts Supreme Judicial Court
Contract, by a sewer contractor, on a policy of insurance insuring him against loss from common law or statutory liability for damages on account of bodily injuries accidentally suffered by any person or persons not employed by the assured, caused by the negligence of the assured and resulting from the operation of the trade or business described in the application, alleging that the plaintiff had settled an action brought by one Mrs. Gallagher against the town of Hyde Park,…
Read the full summary
Contract, by a sewer contractor, on a policy of insurance insuring him against loss from common law or statutory liability for damages on account of bodily injuries accidentally suffered by any person or persons not employed by the assured, caused by the negligence of the assured and resulting from the operation of the trade or business described in the application, alleging that the plaintiff had settled an action brought by one Mrs. Gallagher against the town of Hyde Park, and incurred legal expenses connected therewith, for which he was entitled to indemnity under the policy. Writ dated…
1Opinion of the CourtBarker, J.
One stipulation of the policy is that “ The assured, upon the occurrence of an accident, shall give immediate notice thereof in writing with full particulars to the home office of the company at Baltimore, Md., or to its authorized agents. He shall give like notice, with full particulars of any claim which may be made on account of such accident.” f
The accident on account of which the suit is brought happened on November 5, and the plaintiff knew of it on November 6, but the first written notice of it which he sent to any person was his letter of November 28. The only acts which he did…
2Cases cited1 opinion
- Mandell v. Fidelity & Casualty Co.Massachusetts Supreme Judicial Court · 1898
3Cited by23 opinions
- Hope Spoke Co. v. Maryland Casualty Co.Supreme Court of Arkansas · 1912
- Phoenix Cotton Oil Co. v. Royal Indemnity Co.Tennessee Supreme Court · 1918
- Chapin v. Ocean Accident & Guarantee Corp.Nebraska Supreme Court · 1914
- Barfield v. Insurance Company of North AmericaCourt of Appeals of Tennessee · 1968
- Hoffman v. Employer's Liability Assurance Corp.Oregon Supreme Court · 1934
18 more not listed; retrieve them via the Exa API.