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would have upon the presentation of this claim
for the first time to our company, then we are
willing to enter into the defense and do all
in our power to defeat the claim. In short,
all that we are agreeing to do at this time is
to assist in the defense of the case and we do
not wish that action on our part to be regarded
as a waiver of our rights to deny liability to
you in the event that it becomes necessary to
decide that question.
Please let me have a reply from you
to this letter stating that you are agreeable
to this arrangement and I shall proceed to assist
in the defense in conjunction with Mr. Smith and
your personal counsel, Mr. Josiah Stryker, of
Messrs. Lindabury, Depue &c Faulks."
You replied under date of November 14th,
1928, as follows:-
"Answering your letter of November 13th
regarding the reservation of rights under
policy issued by the Globe Indemnity Company
to us for the period November 4, 1916 to Nov-
ember 4, 1917:
Please be advised that we accept your
assistance in the defense of the above indica-
ted case, with the nderstanding that the
Globe Indemnity Company have reserved for future
determination any rights which they may have
under the terms of their policy.
You can count on our fullest coopera-
tion in the defense of this action. if
Please advise whether this understanding
may continue with respect to both ompanies, that is the
Aetna Life Insurance Co. and the Globe Indemnity Co.
for this new suit. Also the question of how much cover-
age there is by each of the various insurance companies
must be settled in due time Mr. Emory's letter to you of
Dec. 28, 1928, covers that phase of the matter for his
company. I assume that the Globe Indemnity Co. will
work out its share of coverage as it did in the Canfield
case.
Very truly yours,
Camarity
EAM : N
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"ocrText": "-2-\nwould have upon the presentation of this claim\nfor the first time to our company, then we are\nwilling to enter into the defense and do all\nin our power to defeat the claim. In short,\nall that we are agreeing to do at this time is\nto assist in the defense of the case and we do\nnot wish that action on our part to be regarded\nas a waiver of our rights to deny liability to\nyou in the event that it becomes necessary to\ndecide that question.\nPlease let me have a reply from you\nto this letter stating that you are agreeable\nto this arrangement and I shall proceed to assist\nin the defense in conjunction with Mr. Smith and\nyour personal counsel, Mr. Josiah Stryker, of\nMessrs. Lindabury, Depue &c Faulks.\"\nYou replied under date of November 14th,\n1928, as follows:-\n\"Answering your letter of November 13th\nregarding the reservation of rights under\npolicy issued by the Globe Indemnity Company\nto us for the period November 4, 1916 to Nov-\nember 4, 1917:\nPlease be advised that we accept your\nassistance in the defense of the above indica-\nted case, with the nderstanding that the\nGlobe Indemnity Company have reserved for future\ndetermination any rights which they may have\nunder the terms of their policy.\nYou can count on our fullest coopera-\ntion in the defense of this action. if\nPlease advise whether this understanding\nmay continue with respect to both ompanies, that is the\nAetna Life Insurance Co. and the Globe Indemnity Co.\nfor this new suit. Also the question of how much cover-\nage there is by each of the various insurance companies\nmust be settled in due time Mr. Emory's letter to you of\nDec. 28, 1928, covers that phase of the matter for his\ncompany. I assume that the Globe Indemnity Co. will\nwork out its share of coverage as it did in the Canfield\ncase.\nVery truly yours,\nCamarity\nEAM : N"
}