Schine Theatrical Co. v. Massachusetts Bonding & Insurance

Appellate Division of the Supreme Court of New York

Schine Theatrical Co. v. Massachusetts Bonding & Insurance

259 A.D. 954, 20 N.Y.S.2d 1004, 1940 N.Y. App. Div. LEXIS 7417

Appellate Division of the Supreme Court of the State of New York·Decided May 22, 1940·Published

Opinion

Defendant, for value received, by its policy of insurance undertook “ to defend, in the name and on behalf of this employer, any suits or other proceedings which may at any time be instituted ” on account of injuries received by the employees of plaintiff. Defendant failed to discharge its obligation in this regard. The judgment is for the expenses incurred by the plaintiff in defending a claim made by one of its employees under the Workmen’s Compensation Law. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., Crapser, Bliss, Sehenck and Foster, JJ.

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Defendant, for value received, by its policy of insurance undertook “ to defend, in the name and on behalf of this employer, any suits or other proceedings which may at any time be instituted ” on account of injuries received by the employees of plaintiff. Defendant failed to discharge its obligation in this regard. The judgment is for the expenses incurred by the plaintiff in defending a claim made by one of its employees under the Workmen’s Compensation Law. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., Crapser, Bliss, Sehenck and Foster, JJ.

Schine Theatrical Co. v. Massachusetts Bonding & Insurance, 259 A.D. 954, 20 N.Y.S.2d 1004, 1940 N.Y. App. Div. LEXIS 7417 (N.Y. Ct. App. 1940).

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259 A.D. 954 (Schine Theatrical Co. v. Massachusetts Bonding & Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.