Memorandum of Agreement, 1927

1-0-345340 Fryer vs.Radium Luminous Materials Corp. 1-C-349819 Hussman If 11 If 11 IT 1-C-342665 Shaub !! 11 " " " The suits in these three cases have been brought against the United States Radium Corporation and not against the Radium Luminous Materials Corporation named in our policy. Mr. C. B. Lee, President of the United States Radium Corporation, advises me that the United States Radium Corporation and the Radium Luminous Materials Corporation are one and the same concern. on September 1, 1921, the name of the corporation was changed from the Radium Luminous Materials Corporation to the United States Radium Corporation, which accounts for the litigation being against the 00 rporation bearing the latter name. These three cases have been discussed with Mr. Lee on several occasions. Our policy was in force from August 20, 1919, to August 20, 1920. These three employees worked for the assured for different periods of time but each was with the assured during all or a part of our policy term. Their allegations of negligence and the entire litigation is based upon continuing negligence during the period of employment. Our policy being in force during only a part of that period, Mr. Lee and I agreed that the Aetna Life Insurance Company would be interested in the final cost by judgment, settlement or otherwise, in proportion as its policy hazard in connection with each employee bears to the total pe riod said employee was in the assured 's service. It was agreed that these cases would be referred to Collins & Corbin for defense, that the entire bill of Collins & Corbin for legal services should be borne by our company. There are two other cases of similar nature, brought by employees who were not in assured's service during our policy period. We therefore are not interested in those cases. Mr. Lee advises that the New Amsterdam Casualty Company policy was in force during part of the time while those other litigants were employed, and that the defense in those cases is being handled by Messrs. Edwards & Smith in behalf of the New Amsterdam. In addition to the above, in connection with this entire litigation, the attorney for plaintiffs arranged for an autopsy to be held on the body of Amelia Maggio, former employee who was in the assured's service for a period of approximately five years which period included the one year covered by our policy. Mr. Lee and I agreed that it was fair and equitable for our company to assume the same proportion of expenses in the Maggio matter as the period covered by our policy bears to the entire period of her employment, it being understood that neither the assured nor the