Letters Received to H.H. Barker, April 22, 1930

COLLINS & CORBIN COUNSELORS AT LAW CLEMENT K. CORBIN ROBERT J. BAIN APR 23 1930 EDWARD A. MARKLEY CHARLES w. BROADHURST 1 EXCHANGE PLACE, HOWARD F. MC INTYRE JERSEY CITY, N.J. FRANK A. BOEHLER JAMES B. EMORY PATRICK F. MC DEVITT FRANK P. CLANCY JOHN F. LEONARD April 22, 1930. Hoare V. U. S. Radium Corp. H. H. Barker, Esq. Vice Pres. U. S. Radium Corp. 535 Pearl Street, New York City. Dear Mr. . Barker: Herewith copy of letter to Mr. Gray in the above which is self-explanatory. I assume, as representing the Globe Indemni ty Company that the usual reservation of coverage pending the de- termination of the issues involved, is to be effected. As you know, there are a number of questions of coverage involved, some of which are mentioned in our letter to Mr. Lee, President of your Company, dated November 13, 1928, in the case of Canfield, which was the first action instituted in which the Globe appeared. If your Company is willing that we should assist in the defense of the action upon the ondition precedent that in the event of a judgment going against your Company, the Globe Indemnity Company is to have the same right to raise the question of coverage that it would have upon the original presentation of this claim through the Globe Indemni ty Company, then the Globe Indemnity Company is willing to enter into the defense and assist therein to the end that the claim may be de- feated. In short, all that we are agreeing to do 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 any right or rights to deny liability to you in the event that it becomes necessary to decide that question. Please let us have a reply to this part of our letter as soon as practicable, saying that you are agreeable to the arrangement herein set forth. We should also like to have you send us as soon as practicable a complete report from Dr. Frederick B. Flinn as to his findings in this case; also any history that he obtained. Yours very truly, EAM: AG Claring