United States Tube & Iron Co. v. Maryland Casualty Co.
Supreme Court of Pennsylvania
United States Tube & Iron Co. v. Maryland Casualty Co., 220 Pa. 42 (Pa. 1908)
68 A. 1026; 1908 Pa. LEXIS 724
Brown, Elkin, Fell, Mestrezat, Potter, Stewart
United States Tube & Iron Co. v. Maryland Casualty Co.
Opinion of the Court
Judgment was properly entered for the defendant non obstante veredicto for the reason that no cause of action had arisen at the time tbe writ was issued. The policy of indemnity contains a provision that no action shall lie against the company as respects any loss under it unless it shall be brought by the insured himself to reimburse him for loss actually sustained and paid by him in satisfaction of a judgment within sixty days from the date of such judgment. This action was brought two days before the satisfaction of the judgment obtained in an action against the plaintiff, and it was prematurely brought.
The judgment is affirmed.
Reference
- Full Case Name
- United States Tube and Iron Company v. Maryland Casualty Company
- Status
- Published
- Syllabus
- Insurance — Policy of indemnity — Satisfaction of judgment — Premature action. Where a policy of indemnity contains a provision that no action shall lie against the indemnifying company, unless it shall be brought by the insured himself to reimburse him for loss actually sustained, and paid by him in satisfaction of a judgment within sixty days from the date of such judgment, an action brought two days before the satisfaction of a judgment against the plaintiff, is prematurely brought, and the plaintiff cannot recover therein.