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Schine Theatrical Co. v. Massachusetts Bonding & Insurance

259 A.D. 954 Court N.Y. App. Div. Decision date 1940-05-22 English

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p. 954
Schine Theatrical Co., Inc., Respondent, v. Massachusetts Bonding and Insurance Company, Appellant.

Defendant, for value received, by its policy of insurance undertook “ to defend, in the name and on behalf of this employer, any suits or other proceedings which may at any time be instituted ” on account of injuries received by the employees of plaintiff. Defendant failed to discharge its obligation in this regard. The judgment is for the expenses incurred by the plaintiff in defending a claim made by one of its employees under the Workmen’s Compensation Law. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., Crapser, Bliss, Sehenck and Foster, JJ.