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OCR Page 1 of 2William D. Edwards
Edwin F. Smith
Edwards, Smith & Danson
MAR 5 1936
No.1. Exchange Place
Raymond Dausen
Forrest S. Smith
Attorneys & Counsellors at Law
Jersey City. N.J.
CharloseM.
Allent Mathias
Bergen 4 -2035
George Echelman
Edwards & Smith
March 4, 1936.
United States Radium Corp. ,
535 Pearl Street,
New York, N.Y.
Att: Mr. Lee.
Re: LaPorte V. U.S. Radium Corp.
My dear Mr. Lee:
Confirming our talk of this morning, I
write this letter.
As you know, the Court of Errors and Appeals
has decided that the policy of insurance carried by your
company with the New Amsterdam Casualty Company (and also
some of the other companies) did not cover occupational dis-
eases, especially as set out in the case of Helen Tuck versus
United States Radium Corporation. In the case of LaPorte
versus United States Radium Corporation, you will remember
that Judge Forman has decided the case in favor of your company.
Application has been made by Mr. Emmerglick to have costs and
counsel fees allowed to him, and he has served notice upon
Messrs. Collins & Corbin and ourselves, who appeared of record
as attorneys for the United States Radium Corporation.
In view of the decision of the Court of
Errors and Appeals upon the policy, the New Amsterdam (which
retained this office to represent you under its policy some
long time ago) feels that it should take no further action in
the matter. It is willing, however, (provided you consent
thereto), that we should acknowledge service, as attorneys of
record of the United States Radium Corporation, on this notice
of motion for allowance of couns el fees and costs, which has
been served upon us by Mr. Emmerglick; it being distinctly
understood that our doing so is without prejudice to any rights
of the New Amsterdam Casualty Company, and without incurring
any obligation upon its part to your company.
The above matters were talked over between
us over the telephone this morning, and you have agreed to the
foregoing, but I wri te this letter so the matter may be of
record.
Very truly
EFS:RH
Eleven 7. Swith yours
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