Carter v. Ætna Life Insurance

Citations

• 76 Kan. 275
• 91 P. 178
• 1907 Kan. LEXIS 249

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Indemnity Insurance — Liability to Injured Employees— Right of Action — Parties. A policy insuring an employer against loss from liability for injuries to employees of the assured which contains a stipulation that “no action shall lie against the company as respects any loss under this policy unless it shall be brought by the assured himself to reimburse him for loss actually sustained and paid by him in satisfaction of a judgment within sixty days from the date of such judgment, and after trial of the issue,” is a contract of indemnity for the benefit of the assured, and there is no right of action thereon against the insurance company until the assured sustains a loss by the payment of a liability.</p> <p>2. -Employee Not Entitled to Sue the Insurer on a Judgment against the Insured. The policy provided that if an action was brought against the assured by an injured employee the insurance company might defend the action in behalf of the assured, and in an action brought by an employee to recover damages in which a judgment was rendered against ttie assured the insurance company assumed to, and did, make a defense against the employee’s claim. Held, that the employee could not maintain an action upon the judgment against the insurance company, and the fact that the insurance company did make a defense against the employee’s claim did not estop it from denying liability to the employee.</p>