(DOWNLOAD) "Boyle v. National Cas. Co." by District of Columbia Court of Appeals. * Book PDF Kindle ePub Free
eBook details
- Title: Boyle v. National Cas. Co.
- Author : District of Columbia Court of Appeals.
- Release Date : January 19, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
HOOD, Associate Judge. Appellant, owner and operator of a restaurant business, purchased from appellee insurance company an
insurance policy by which the company undertook to pay all sums, within specified limits, which the insured should become
obligated to pay because of bodily injury sustained by any person, 'caused by accident * * * and arising out of the ownership,
maintenance or use' of the restaurant. The policy stipulated: 'Assault and battery shall be deemed an accident unless committed
by or at the direction of the Insured.' The policy also provided that 'as respects insurance afforded by this policy' the
insurance company should defend 'any suit against the insured alleging such loss and seeking damages on account thereof, even
if such suit is groundless, false or fraudulent.' On or about June 20, 1942, and while the policy was in force, a man named
Pine was injured in insured's restaurant. Insured promptly notified the insurance company of the incident and an investigation
was made by the insurance company. Following the investigation the insurance company orally notified insured that any liability
arising out of the incident was not within the coverage of the insurance policy. On August 12, 1942, Pine sued insured in the United States District Court for the District of Columbia for $50,000. Pine's
complaint alleged that he was lawfully on the restaurant premises 'when without just cause, reason or provocation, the defendant
(insured) brutally and most cowardly with force and arms set upon the plaintiff (Pine), knocked him to the floor and beat
and wounded the plaintiff, and gave him a compound fracture of the leg, which injury has since necessitated the amputation
of said leg.' Insured engaged counsel who filed an answer to Pine's complaint. From reasons not here important trial of the
case was not had until June 1948. A month or so before the trial insured's counsel wrote to the insurance company notifying
it that the suit was pending and approaching trial and demanding that it defend the action. In reply the insurance company
stated that this was the first notice to it of the pending suit, denied that the incident involved in the suit was covered
by the policy, and concluded by saying that its letter 'will confirm the oral disclaimer of coverage' previously given.
 "Boyle v. National Cas. Co." by District of Columbia Court of Appeals. * Book PDF Kindle ePub Free){kind=link}