Ask the Scholar
Page 3 of 3
I can add historical knowledge about this page.
Page image
OCR
December 18,1930.
Metz and Tuck V. U. S. Radium Corp.
Burton E. Emory, Ewq.,
Mgr. Aetna Life Ins. Co.,
100 William St., N.Y.
C.B.Lee,Eq.,
Pres. United States Radium Corp.
535 Pearl St., N.Y.C.
George W. Pesinger, Esq.,
New Amsterdam Casualty Co.,
60 John St., N.Y.C.
Chas. Stockdell Gray, Esq.,
Counsel, Globe Indemnity Co.,
20 Washington P1., Newark, N.J.
Messrs. Edwards & Smith,
1 Exchange P1.,
Jersey Sity, N.J.
Gentlemen:
This letter is written at the request of all concerned and without
prejudice to the rights of anyone for the purpose of crystalizing the conclusions
reached at the conference held at the office of Burton E. Emory, Esq., 100 William
St., New York City, on December 16,1930 at 2:00 P.M. It is the understanding
that each person for the company whom he represents will reply stating just what
part of the determinations hereinafter set forth are acceptable.
The conference was called primarily for the purpose of considering the
two cases of Metz and Tuck vs. United States Radium Corporation which are set for
trial for January 15,1931, and the two claims, one in behalf of Mrs. Saxer and
the other in behalf of the Estate of Mrs. Stasi. It was also pointed out that
there are pending in addition to the Metz and Tuck cases, the actions of Mrs.
Madlinger and Mrs. Hoare.
Mr. Pesinger stated that on behalf of his company he was agreeable to a
settlement of the Tuck case for $8000.00 and that on behalf of his company he was
willing to pay its proportionate share of that sume. However, he said that he
was determined to have the question of coverage settled at this time and also the
question of what proportion his company should legally bear of the total amount.
He therefore insists that there should be a suit brought by the Radium Company for
the purpose of collecting from the insurance companies involved, the $8000.00 to
be paid in settlement of the Tuck case. Whether that suit is won or lost by the
Radium Company, his company will nevertheless pay its proportionate share of the
$8000.00. This he is willing to do because he feels that his company has waived
any question of coverage in this case by undertaking the defense thereof.
-2-
If the decision in the radium suit against the insurance companies is
won by the insurance companies, then Mr. Pesinger on behalf of his company stated
that his company would be unwilling to either defend or make any further contribu-
tions to any suit that may hereafter be brought. He further stated that if any
suits should be brought from this time on, his company would feel that it ought not
to defend any of said suits pending the decision in the test case. However, with
respect to the other pending actions such as Madlinger and Metz, his company is
willing in those cases to continue with the defense and pay their proportionate
share of any sum that may be obtained by way of settlement or contest.
In the suit by the Radium Company against the insurance companies, but
two questions are to be litigated. First, whether or not there is any coverage
under the terms of the policy; and second, if so, what proportion of the amount of
the settlement should be borne by each company.
All other questions are to be
eliminated from the litigation.
In the meantime and for the purpose of permitting the Radium Company to
work out its ultimate destination, Mr. Pesinger stated that he was agreeable to b
settlement of the Saxer case for an amount not exceeding $8000. and likewise a
settlement of the Stasi case for an amount not exceeding $8000. In short, if in
those cases the Radium Company should settle for an amount up to $8000. and the
Radium Company should eventually win the test case against the insurance companies,
he would be willing to pay the proportionate shre of his company of those amounts
in those cases even though they are not now in suit and even though he is unwilling
at this time to recognize those cases as covered by the terms of his policy, and
even though he is unwilling at this time to give a defense in these cases for fear
that such a defense might work a waiver of his reservation of coverage.
It is my understanding that Mr. Emory is agreeable to the plan of Mr.
Pesinger.
It is my further understanding that Mr. Gray is not agreeable to that
plan and that he will take the matter up withhis company for the purpose of determ-
ining exactly what its position is with respect to settlement of the Tuck case for
$8000. Also, what the position of his company is with respect to the other
pënding cases as well as with respect to the cases wherein only claims have been
made and in which no action has been instituted.
This matter should receive your very prompt attention because I met
Mr. Weeks, attorney for Mrs. Tuck this morning and he stated that unless the Tuck
case was settled by the end of this week, that all negotiations would be off,
because then he would be going to the expense of preparing for trial and he would
not be able to settle for 8000.
Yours very truly,
(signed) Collins & Corbin
EAM; AG
Page data
- Page
- 3
- Source index
- 0
- Type
- document
- Media ID
- 3ced7d9d36a20585
- Size
- unknown
Document data
- ID
- 75725959
- Core
- doc
- Type
- document
DTO data
{
"id": "75725959",
"sourceUrl": "https://catalog.archives.gov/id/75725959",
"contentType": "document",
"title": "Letters Received to Burton E. Emory, C.B. Lee, Geo. W. Pesinger, Chas. Stockdell Gray, December 18, 1930",
"citationUrl": "https://catalog.archives.gov/id/75725959",
"collections": [
"Safety Light Collection",
"Records Related to Radium Dial Painters"
],
"iiifBase": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0002305_Page_1.jpg",
"thumbnailUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0002305_Page_1.jpg",
"largeImageUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0002305_Page_1.jpg",
"imageCount": 3,
"hasImages": true,
"source": "import",
"hasTranscription": false
}
Context sent to Scholar
Document identity
{
"localId": "75725959",
"label": "Letters Received to Burton E. Emory, C.B. Lee, Geo. W. Pesinger, Chas. Stockdell Gray, December 18, 1930",
"core": "doc",
"dtoType": "document",
"citationUrl": "https://catalog.archives.gov/id/75725959"
}
Document source metadata
{
"id": "75725959",
"sourceUrl": "https://catalog.archives.gov/id/75725959",
"contentType": "document",
"title": "Letters Received to Burton E. Emory, C.B. Lee, Geo. W. Pesinger, Chas. Stockdell Gray, December 18, 1930",
"citationUrl": "https://catalog.archives.gov/id/75725959",
"collections": [
"Safety Light Collection",
"Records Related to Radium Dial Painters"
],
"iiifBase": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0002305_Page_1.jpg",
"thumbnailUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0002305_Page_1.jpg",
"largeImageUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0002305_Page_1.jpg",
"imageCount": 3,
"hasImages": true,
"source": "import",
"hasTranscription": false
}
Document source extras
{
"url": "https://catalog.archives.gov/id/75725959",
"naId": 75725959,
"levelOfDescription": "fileUnit",
"recordType": "description",
"ocrSource": "nara-archive"
}
Page context
{
"seq": 3,
"pageIndex": 0,
"type": "document",
"url": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0002305.pdf",
"mediaId": "3ced7d9d36a20585",
"ocrText": "December 18,1930.\nMetz and Tuck V. U. S. Radium Corp.\nBurton E. Emory, Ewq.,\nMgr. Aetna Life Ins. Co.,\n100 William St., N.Y.\nC.B.Lee,Eq.,\nPres. United States Radium Corp.\n535 Pearl St., N.Y.C.\nGeorge W. Pesinger, Esq.,\nNew Amsterdam Casualty Co.,\n60 John St., N.Y.C.\nChas. Stockdell Gray, Esq.,\nCounsel, Globe Indemnity Co.,\n20 Washington P1., Newark, N.J.\nMessrs. Edwards & Smith,\n1 Exchange P1.,\nJersey Sity, N.J.\nGentlemen:\nThis letter is written at the request of all concerned and without\nprejudice to the rights of anyone for the purpose of crystalizing the conclusions\nreached at the conference held at the office of Burton E. Emory, Esq., 100 William\nSt., New York City, on December 16,1930 at 2:00 P.M. It is the understanding\nthat each person for the company whom he represents will reply stating just what\npart of the determinations hereinafter set forth are acceptable.\nThe conference was called primarily for the purpose of considering the\ntwo cases of Metz and Tuck vs. United States Radium Corporation which are set for\ntrial for January 15,1931, and the two claims, one in behalf of Mrs. Saxer and\nthe other in behalf of the Estate of Mrs. Stasi. It was also pointed out that\nthere are pending in addition to the Metz and Tuck cases, the actions of Mrs.\nMadlinger and Mrs. Hoare.\nMr. Pesinger stated that on behalf of his company he was agreeable to a\nsettlement of the Tuck case for $8000.00 and that on behalf of his company he was\nwilling to pay its proportionate share of that sume. However, he said that he\nwas determined to have the question of coverage settled at this time and also the\nquestion of what proportion his company should legally bear of the total amount.\nHe therefore insists that there should be a suit brought by the Radium Company for\nthe purpose of collecting from the insurance companies involved, the $8000.00 to\nbe paid in settlement of the Tuck case. Whether that suit is won or lost by the\nRadium Company, his company will nevertheless pay its proportionate share of the\n$8000.00. This he is willing to do because he feels that his company has waived\nany question of coverage in this case by undertaking the defense thereof.\n-2-\nIf the decision in the radium suit against the insurance companies is\nwon by the insurance companies, then Mr. Pesinger on behalf of his company stated\nthat his company would be unwilling to either defend or make any further contribu-\ntions to any suit that may hereafter be brought. He further stated that if any\nsuits should be brought from this time on, his company would feel that it ought not\nto defend any of said suits pending the decision in the test case. However, with\nrespect to the other pending actions such as Madlinger and Metz, his company is\nwilling in those cases to continue with the defense and pay their proportionate\nshare of any sum that may be obtained by way of settlement or contest.\nIn the suit by the Radium Company against the insurance companies, but\ntwo questions are to be litigated. First, whether or not there is any coverage\nunder the terms of the policy; and second, if so, what proportion of the amount of\nthe settlement should be borne by each company.\nAll other questions are to be\neliminated from the litigation.\nIn the meantime and for the purpose of permitting the Radium Company to\nwork out its ultimate destination, Mr. Pesinger stated that he was agreeable to b\nsettlement of the Saxer case for an amount not exceeding $8000. and likewise a\nsettlement of the Stasi case for an amount not exceeding $8000. In short, if in\nthose cases the Radium Company should settle for an amount up to $8000. and the\nRadium Company should eventually win the test case against the insurance companies,\nhe would be willing to pay the proportionate shre of his company of those amounts\nin those cases even though they are not now in suit and even though he is unwilling\nat this time to recognize those cases as covered by the terms of his policy, and\neven though he is unwilling at this time to give a defense in these cases for fear\nthat such a defense might work a waiver of his reservation of coverage.\nIt is my understanding that Mr. Emory is agreeable to the plan of Mr.\nPesinger.\nIt is my further understanding that Mr. Gray is not agreeable to that\nplan and that he will take the matter up withhis company for the purpose of determ-\nining exactly what its position is with respect to settlement of the Tuck case for\n$8000. Also, what the position of his company is with respect to the other\npënding cases as well as with respect to the cases wherein only claims have been\nmade and in which no action has been instituted.\nThis matter should receive your very prompt attention because I met\nMr. Weeks, attorney for Mrs. Tuck this morning and he stated that unless the Tuck\ncase was settled by the end of this week, that all negotiations would be off,\nbecause then he would be going to the expense of preparing for trial and he would\nnot be able to settle for 8000.\nYours very truly,\n(signed) Collins & Corbin\nEAM; AG"
}