Puget Sound Improvement Co. v. Frankfort Marine, Accident & Plate Glass Insurance

Citations

• 52 Wash. 124
• 100 P. 190
• 1909 Wash. LEXIS 1085

Syllabus

<p>Insurance — Indemnity Insurance — Policy—Limit of Liability— Costs of Suit — What Included — Interest—Contract—Construction. Under a policy of accident indemnity insurance which limited the liability of the company for a death loss, on the assured’s premises or adjacent sidewalks, to the sum of $5,000, and stipulated that the company would defend any suit against the assured “at its own cost,” the company is only liable for $5,000 of a judgment obtained by a city against the assured, after a recovery against the city for the death of a person on the adjacent sidewalk, together with interest and all costs incurred by the assured in defending the suit brought by the city; and it is error to include costs incurred by the city on the defense of the original action against the city, with accumulated interest.</p> <p>Same — Indemnity—Accrual of Right of Action — Interest. A policy of indemnity insurance covering losses from accidents on the assured’s premises is a contract of indemnity against loss and not against liability merely, and no right of action, or right to interest on the loss, accrues until the assured has actually paid the judgment rendered against it.</p> <p>Tender — Interest. After sufficient tender of an amount due on an indemnity contract, interest does not run on the sum due.</p>