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Ocean Accident & Guarantee Corp. v. Aconomy Erectors Inc.

June 21, 1955

OCEAN ACCIDENT & GUARANTEE CORPORATION, LTD., PLAINTIFF-APPELLANT,
v.
ACONOMY ERECTORS, INC., AND ROY J. GREEN, ADMINISTRATOR OF THE ESTATE OF JOHN A. GREEN, DECEASED, DEFENDANTS-APPELLEES.



Author: Schnackenberg

Before FINNEGAN, SWAIN and SCHNACKENBERG, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

From a summary judgment*fn1 entered in the district court on the motion of defendant, Aconomy Erectors, Inc. (herein referred to as "Aconomy"), dismissing plaintiff's complaint for declaratory judgment,*fn2 plaintiff appeals.

The complaint alleged, inter alia, that on or about August 11, 1953 plaintiff issued its liability insurance policy, naming Aconomy as the insured.

Pertinent provisions of the policy include the following:

(Table omitted)

Insuring Agreements

I. Coverage A - Bodily Injury Liability

To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury, sickness or disease, including death at any time resulting therefrom, sustained by any person and caused by accident.

Coverage B - Property Damage Liability

To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of injury to or destruction of property, including the loss of use thereof, caused by accident.

II. Defense, Settlement, Supplementary Payments

As respects the insurance afforded by the other terms of this policy the company shall:

(a) defend any suit against the insured alleging such injury, sickness, disease or destruction and seeking damages on account thereof, even if such suit is groundless, false or fraudulent; but the company may make such investigation, negotiation and settlement of any claim or suit as it deems expedient;

(b) pay all premiums on bonds to release attachments for any amount not in excess of the applicable limit of liability of this policy, all premiums on appeal bonds required in any such defended suit, but without any obligation to apply for or furnish any such bonds;

(c) pay all expenses incurred by the company, all costs taxed against the insured in any such suit and all interest accruing after entry of judgment until the company has paid, tendered or deposited in court such part of such judgment as does not exceed the limit of the company's liability thereon;

(d) pay expenses incurred by the insured for such immediate medical and surgical relief to others as shall be ...


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