Kibler v. Maryland Casualty Co.

Citations

• 74 Wash. 159
• 132 P. 878
• 1913 Wash. LEXIS 2013

Syllabus

<p>Insurance — Indemnity Insurance — Policy-—Liability — Losses Covered. A policy of indemnity insurance indemnifying contractors on city sewers against loss from liability “imposed by law” upon the assured on account of bodily injuries accidentally suffered by any person while about the construction of the sewers, covers a loss suffered by the assured by reason of being liable over to the city for damages it was compelled to pay to a pedestrian who fell into- the sewer because of its unguarded condition; since the liability of the city did not lessen the liability of the assured, who committed the original wrong; and it is immaterial that the assured was not a nominal party to the action against the city.</p> <p>Judgment — Persons Concluded — Indemnity — Sureties Having Notice. A judgment against a city for personal injuries sustained by one who fell into an unguarded sewer excavation, is admissible in evidence against the contractors to establish their negligence, and also against their insurer indemnifying them against loss, where the contractors’ negligence was the issue in the suit against the city, and the contractors and their insurer had notice of the suit and employed counsel to defend it.</p>