O'Meara

Maryland Casualty Co. v. O'Meara

Good Law
116 Cal. App. 662·3 P.2d 46
Court of Appeal of CaliforniaSeptember 18, 1931Docket No. 7767.California838 words

Opinion

Lead Opinion

Tyler, J.

Action upon an indemnity agreement.

Plaintiff issued a policy of insurance to one G. P. Haiden, insuring him against loss or damages for personal injuries or death sustained by any person by reason of his ownership of certain automobiles used in his business. While the policy was in full force and effect, Herbert O’Meara, a minor, was injured by an automobile owned by Haiden and operated in the scope of his business. Subsequent to the accident, plaintiff casualty company, for and on behalf of Haiden, paid to defendants herein, the parents of the minor, the sum of $250 in full satisfaction of any and all damages sustained by them by reason of the injury to their minor son. At the time payment was made, defendants executed and delivered to Haiden a certain release and contract of indemnity. This release provided that, by reason of the payment, defendants released and forever discharged Haiden from any and all actions, claims or demands by reason of any damages caused by the accident. The agreement contained the further provision that, in consideration of the payment, defendant H. O Meara would indemnify and hold harmless the said Haiden for any loss to him which he might be…

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