Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

WESTERN CHAIN CO. v. AM. MUT. LIABILITY INS.C.O.

October 15, 1974

WESTERN CHAIN COMPANY, PLAINTIFF,
v.
AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, DEFENDANT.



The opinion of the court was delivered by: Bauer, District Judge.

MEMORANDUM OPINION AND ORDER

This cause comes before the Court on cross motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Both parties have submitted extensive memoranda, exhibits, and affidavits which the Court has reviewed.

This is a suit by the plaintiff Western Chain Company (hereinafter "Western Chain") against its insurance carrier, American Mutual Liability Insurance Company (hereinafter "American Insurance") arising out of a default judgment entered against Western Chain in the amount of $204,160.00. This judgment was entered in Simpson County, Mississippi.

The issue in this case is the interpretation of the condition in the insurance policy which states as follows:

  "4. Insured's Duties in the Event of Occurrence,
      Claim or Suit.
      (b) If claim is made or suit is brought
      against the insured, the insured shall
      immediately forward to the company every
      demand, notice, summons or other process
      received by him or his representative."

There is no real dispute as to the facts presented in this litigation. Chronologically they are as follows:

  — March 10, 1971 American Insurance issued
          its General Liability Insurance Policy No.
          BLPC 768586 to Western Chain with an
          expiration date of March 10, 1972.
  — April 27, 1971 a chain allegedly
          manufactured by Western Chain was
          purchased in Magee, Mississippi from a
          Dabbs & Company.
  — May 5, 1971 a Billy Brownlee allegedly was
          using Western's chain when the chain
          allegedly broke causing injuries and death
          to Billy Brownlee on that date.
  — January 11, 1973 service of summons was
          made upon the Honorable Heber Ladner
          pursuant to the Mississippi "Long Arm
          Statute", Section 1437, Mississippi Code
          of 1942 as amended.
  — January 15, 1973 Summons and Notice was
          received by Western Chain at its offices
          at 1807 Belmont Avenue, Chicago, Illinois
          by "Registered Mail — Deliver to agent or
          officer of addressee only — Return Receipt
          Requested — Registered No. 218-046
          Postmaster: Please advise if Addressee
          refuses to accept delivery", all being
          pursuant to the provisions of the
          Mississippi "Long Arm Statute" and signed
          for by one John R. Miller an employee or
          agent of Western.
  — January 15, 1973, Summons, Notice and
          Process given to Arthur W. Hill,
          President, General Manager and principal
          stockholder of Western Chain who put the
          ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.