(DOWNLOAD) "Iowa National Mutual Insurance Company V." by Supreme Court of Wisconsin ~ eBook PDF Kindle ePub Free
eBook details
- Title: Iowa National Mutual Insurance Company V.
- Author : Supreme Court of Wisconsin
- Release Date : January 27, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
The plaintiff Iowa National Mutual Insurance Company (Iowa) commenced this action under sec. 269.56, Stats., against the defendant
Liberty Mutual Insurance Company (Liberty) and its insured Oliver M. Byerly (Byerly) for a judgment declaratory of its rights
under its liability policy. Mr. Byerly died during the pendency of this action and Ann Byerly, the executrix of his estate,
was substituted for him. Liberty answered the complaint but Byerly demurred on the ground the complaint failed to state facts
sufficient to constitute a cause of action, i.e., that no justiciable issue was presented. From the complaint it appears that
Byerly, who was engaged in selling jack stands, sold a jack stand to Weaver Manufacturing Company (Weaver), a distributor
in Illinois who sold it to Duncan-Hunter Corporation (Duncan), a distributor in California who sold it to Gardena Bus Lines,
Inc. (Gardena) in California. Gardena used the jack stand and its employee Marshall was injured while working under a bus
when the jack stand allegedly collapsed. On April 8, 1963, Marshall brought a suit against Weaver, Duncan, and others, in
California to recover damages for his injuries. Between July 5 and July 13, 1963, and before the trial, Weaver notified Byerly of the Marshall accident and the suit. At
that time Byerly informed Weaver that he was insured by Iowa but Byerly did not notify Iowa of the accident until August 25,
1965, approximately two years later, when he forwarded to Iowa's agent Weaver's recent letter of August 18, 1965, demanding
he defend the Marshall suit and pay any judgment which might be obtained against Weaver. On December 30, 1965, Marshall recovered
judgment against Weaver for $68,000, which judgment the liability insurer of Weaver, the Liberty Mutual Insurance Company
(defendant in this case) paid. Thereafter, on August 24, 1966, Liberty, pursuant to subrogation rights, sued Byerly in the
federal district court for the Eastern District of Wisconsin for indemnification and for the cost of defending the California
action. The defense was tendered by Byerly to Iowa. On September 7, 1966, Iowa and Byerly executed a reservation of rights
agreement in which Iowa agreed to defend the federal court action but reserved its right to assert its policy defense against
Byerly and the right to withdraw from the defense upon giving a ten days' notice. Previously, on September 15, 1965, after
Iowa was first notified of Weaver's letter, it executed with Byerly a non-waiver of rights agreement.
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