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1-C-345340 Fryer VS. Radium Luminous Materials Corp.
1-C-349819 Hussman If
11
If
11
11
1-C-342665 Shaub
If 11
If
If
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 corporation 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 pelicy 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
3.
interested in the discussion between either of the other insurance
companies and the assured.
If on the trial of the case the Court should decide that
the specific negligence occurred only during the period when our policy
was in force, then the Aetna is to assume the entire responsibility
on those cases under the terms of its policy. If it should be held
by the Court that no negligence occurred during that period while our
policy was in force, then the Aetna is to be relieved from any
responsibility.
The above memorandum expresses our understanding and
agreement.
BEE) MC
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Document data
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- Core
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DTO data
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"ocrText": "1-C-345340 Fryer VS. Radium Luminous Materials Corp.\n1-C-349819 Hussman If\n11\nIf\n11\n11\n1-C-342665 Shaub\nIf 11\nIf\nIf\n11\nThe suits in these three cases have been brought\nagainst the United States Radium Corporation and not against the\nRadium Luminous Materials Corporation named in our policy. Mr.\nC. B. Lee, President of the United States Radium Corporation, advises\nme that the United States Radium Corporation and the Radium\nLuminous Materials Corporation are one and the same concern. on\nSeptember 1, 1921, the name of the corporation was changed from\nthe Radium Luminous Materials Corporation to the United States\nRadium Corporation, which accounts for the litigation being against\nthe corporation bearing the latter name.\nThese three cases have been discussed with Mr. Lee\non several occasions. Our policy was in force from August 20, 1919,\nto August 20, 1920. These three employees worked for the assured\nfor different periods of time but each was with the assured during\nall or a part of our policy term. Their allegations of negligence\nand the entire litigation is based upon continuing negligence during the\nperiod of employment. Our policy being in force during only a part\nof that period, Mr. Lee and I agreed that the Aetna Life Insurance\nCompany would be interested in the final cost by judgment, settlement\nor otherwise, in proportion as its policy hazard in connection with\neach employee bears to the total pe riod said employee was in the\nassured 's service.\nIt was agreed that these cases would be referred to\nCollins & Corbin for defense, that the entire bill of Collins &\nCorbin for legal services should be borne by our company. There\nare two other cases of similar nature, brought by employees who\nwere not in assured's service during our policy period. We\ntherefore are not interested in those cases. Mr. Lee advises that\nthe New Amsterdam Casualty Company pelicy was in force during\npart of the time while those other litigants were employed, and\nthat the defense in those cases is being handled by Messrs.\nEdwards & Smith in behalf of the New Amsterdam.\nIn addition to the above, in connection with this\nentire litigation, the attorney for plaintiffs arranged for an\nautopsy to be held on the body of Amelia Maggio, former employee\nwho was in the assured's service for a period of approximately five\nyears which period included the one year covered by our policy. Mr.\nLee and I agreed that it was fair and equitable for our company to\nassume the same proportion of expenses in the Maggio matter as the\nperiod covered by our policy bears to the entire period of her\nemployment, it being understood that neither the assured nor the\n3.\ninterested in the discussion between either of the other insurance\ncompanies and the assured.\nIf on the trial of the case the Court should decide that\nthe specific negligence occurred only during the period when our policy\nwas in force, then the Aetna is to assume the entire responsibility\non those cases under the terms of its policy. If it should be held\nby the Court that no negligence occurred during that period while our\npolicy was in force, then the Aetna is to be relieved from any\nresponsibility.\nThe above memorandum expresses our understanding and\nagreement.\nBEE) MC"
}