Empire State Surety Co. v. Moran Bros.

Citations

• 71 Wash. 171
• 127 P. 1104
• 1912 Wash. LEXIS 716

Syllabus

<p>Insurance — Indemnity Insurance — Policies — Construction — “Kind oe Trade or Business” — “Kind oe Work” — Employees Included. A policy of indemnity insurance giving an employer compensation for injuries to servants whose compensations are included in the schedule on which the premiums are based, liberally construed in favor of the insured, includes under the heads of the schedule “Kind of trade or business'’ and “Kind of Work” all who were engaged in the prosecution of the work at the specific places, and should not be restricted to the specific classes of artisans, as “ship builders,” “blacksmiths” etc.; and also includes employees of a power, heat and light department, operating the entire plant; also, timekeepers whose duties took them about the places described, and drivers who were working about the premises part of the time, where the policy expressly excepted only the “Pres., Vice-Pres., Secty., Treas., & Clerical force.”</p> <p>Interest — On Balance Due on Contract — -Recovery—Dispute as to Amount. Interest is recoverable on earned premiums on an indemnity policy, from the date the balance becomes due, although the legal basis for the recovery was a subject of controversy; since the amount was due on a specific contract for the payment of money and was determinable by computation.</p> <p>Costs — Prevailing Party — Separate Causes oe Action — Apportionment oe Costs. The plaintiff, as prevailing party, is entitled to costs, under Rem. & Bal. Code, § 476, although one of its three causes of action failed and defendant secured therein an offset against the amount due on the other causes of action; there being no statute authorizing apportionment of costs in such cases.</p>