[Download] "Missionaries of Mary, Inc. v. Aetna Cas. & Sur. Co." by Supreme Court of Connecticut " Book PDF Kindle ePub Free
eBook details
- Title: Missionaries of Mary, Inc. v. Aetna Cas. & Sur. Co.
- Author : Supreme Court of Connecticut
- Release Date : January 10, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The defendant had issued to the plaintiff an owners', landlords' and tenants' liability insurance policy covering property owned and occupied by the plaintiff as a monastery. During the effective period of the policy, a negligence action was brought against the plaintiff by a person who was injured when he fell into an open ditch on the property. The plaintiff requested the defendant to defend the action. The defendant refused to do so, and the plaintiff employed counsel to defend. A verdict was rendered against the plaintiff which the trial court set aside, and thereafter the plaintiff settled the case for $15,000. The plaintiff then brought the present action to recover the amount paid in defending and settling the case. The court rendered judgment for the plaintiff to recover the $15,000 paid in settlement, $5000 in counsel fees, $1325 for the expenses of preparation and trial with interest amounting to $1386.12, and $1500 counsel fees in the present action. The defendant appeals from that judgment. The plaintiff has withdrawn its claim for counsel fees in the present action, and the issue on appeal involves only the correctness of the judgment in awarding the other items of damage, the reasonableness of which is not disputed. The defendant claims to be relieved of liability by an exclusion clause in its policy and that it had no duty to defend the plaintiff in the negligence action. The court's finding is not subject to correction.