Western Casualty & Surety Co. v. Aponaug Mfg. Co.
| Decision Date | 11 August 1952 |
| Docket Number | No. 13902.,13902. |
| Citation | 197 F.2d 673 |
| Parties | WESTERN CASUALTY & SURETY CO. v. APONAUG MFG. CO. |
| Court | U.S. Court of Appeals — Fifth Circuit |
J. A. Covington, Jr., E. L. Snow, Meridian, Miss., for appellant.
Ben F. Cameron, Meridian, Miss., L. Arnold Pyle, Jackson, Miss., for appellee.
Before HOLMES, STRUM and RIVES, Circuit Judges.
This appeal is from a summary judgment entered against the appellant as the defendant below.
The plaintiff in the District Court, Aponaug Manufacturing Company, filed its complaint against the defendant, The Western Casualty & Surety Company, upon a policy of liability insurance indemnifying the insured against certain liability imposed by law, caused by accident and arising out of any of the hazards set forth in the policy. The insurer agreed also to defend any suit against the insured seeking to recover such damages.
The complaint set forth that the insured had been sued by one Morrison because of an alleged assault and battery upon him by R. D. Sanders, who was the insured's President and agent and who was then engaged in the performance of his duties in behalf of the insured; that the insurer was duly notified of said suit but refused to defend it; that the insured made a compromise of the suit in good faith for the sum of $5,000.00, paid the court costs and reasonable attorneys fees and incurred expenses for necessary investigation. The answer of the insurer sets forth the defense that it was not obligated to defend the suit or to make any payment to the insured upon the ground that the particular loss was not covered by the policy.
After the hearing of numerous motions and the filing of numerous affidavits and depositions, the insured moved for summary judgment, which was granted.
The only controversy on this appeal is whether the loss of the insured is covered and embraced within the terms of the policy of insurance. The coverage of the policy, so far as pertinent, is;
"To pay on behalf of the Insured all sums which the Insured shall become obligated to pay by reason of the liability imposed upon the Insured by law for damages, including damages for care and loss of services, because of bodily injury, sickness or disease, including death at any time resulting therefrom, sustained by any person or persons, caused by accident and arising out of any of the hazards hereinafter defined with respect to which insurance is afforded as provided in the Declarations."
"Insured" is defined in the policy as follows:
Under the heading of "Conditions" is a provision dealing expressly...
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