Standard Acc. Ins. Co. v. Alexander
| Decision Date | 25 April 1939 |
| Docket Number | No. 8990.,8990. |
| Citation | 103 F.2d 500 |
| Parties | STANDARD ACC. INS. CO. v. ALEXANDER, Inc., et al. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Philip L. Kelton and J. W. Gormley, both of Dallas, Tex., for appellant.
J. G. Harrell, of Breckenridge, Tex., and Stanley Boykin and George F. Seideman, both of Fort Worth, Tex., for appellees.
Before FOSTER, HUTCHESON, and McCORD, Circuit Judges.
Standard Accident Insurance Company, a Michigan corporation, issued its policy of public liability insurance to Alexander, Inc., a Texas corporation. On April 27, 1938, Al J. Everts filed suit in the District Court of Stephens County, Texas, claiming damages from the insured for injuries alleged to have been received by him in August, 1937, when he was on the premises of Alexander, Inc. Immediately following service of citation, Alexander, Inc., called upon the insurance company to defend the damage suit.
The insurance company contended that it was under no obligation to defend the suit or pay any judgment that might be recovered. This for the reason that the terms of the policy provided for immediate written notice in the event of accident, and that it did not receive notice until after Everts had filed his suit for damages some eight months after the accident occurred. It thereupon filed its complaint in the United States District Court seeking a declaration of its rights and liabilities under the policy with respect to the claim of Everts. From a judgment adverse to its contention, the insurance company brings this appeal.
Alexander, Inc., owned an ice and cold storage plant in Breckenridge, Texas, and rented space in cold storage vaults to local merchants. Al J. Everts was an employee of a firm that rented cold storage space and it was part of his duties to place fruits and vegetables in the cold storage vault and remove them as needed to replenish his employer's stock. He testified that on or about August 10, 1937, he went to the vault at the plant and that while there engaged in putting watermelons in storage he fell and skinned his knee; that he went to the man in charge of the front dock and had the cut place painted with mercurochrome. The injury appeared trivial at the time and Everts said it amounted to nothing, and returned to his work.
The trial court found that Everts never reported the accident to any employee of Alexander, Inc., except the man on the front dock who administered first aid; that Everts made no claim until he...
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