(DOWNLOAD) "Merchants Mut. Casualty Co. v. Leone Et" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free
eBook details
- Title: Merchants Mut. Casualty Co. v. Leone Et
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 03, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
LUMMUS, Justice. The case made by the bill is as follows: The plaintiff issued to the defendant Polo Leone a Massachusetts compulsory motor vehicle liability policy, to which was attached a provision for 'extraterritorial public liability,' by which the plaintiff agreed to indemnify Leone against loss by reason of his legal liability to pay damages to others for bodily injuries arising out of the operation of Leone's automobile outside of Massachusetts within the United States or Canada. This extraterritorial provision was not to apply when the automobile was being 'used for renting or livery use or the carrying of passengers for a consideration.' It was provided that Leone, upon the occurrence of an accident covered by this policy, should 'as soon as practicable after learning thereof, given written notice with full particulars to the company or its duly authorized agent.' The plaintiff agreed to defend or settle any 'claims, suits or other legal proceedings' to enforce any liability within the policy. The defendants Di Benedetto and Cocco were sisters of Leone's wife. In September, 1933, they suggested to Leone that if he would take them in his automobile to New York they would pay for the gasoline and oil consumed in the journey. He accepted the proposal, and the journey was made accordingly. On the return trip, on September 18, 1933, while Leone was operating the automobile in Connecticut, an accident happened, and the defendants Di Benedetto and Cocco sustained personal injuries. The plaintiff had no knowledge or notice of the accident until February 1, 1934, when Leone delivered to it the processes served upon him in actions of tort brought against him by the defendants Di Benedetto and Cocco. Those defendants intend to hold the plaintiff liable, under G.L.(Ter.Ed.) c. 175, §§ 112, 113, for the satisfaction of any judgment which they may obtain against Leone.
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