American Building Maintenance Co. v. Indemnity Insurance Co.

This is an action to recover upon public liability policy No. P. 6486, issued by the defendant insurance corporation to plaintiff corporation,

The plaintiff corporation was engaged in the business of supplying buildings with janitors, elevatormen, watchmen, window-cleaners, and other employees necessary for their care and maintenance. Through an insurance broker, Mullin-Acton Company, the plaintiff corporation placed its insurance with the defendant insurance company. This insurance brokerage firm, however, did not place all of the plaintiff’s insurance business as plaintiff also did business through other insurance brokers. Two policies were issued by the defendant insurance company on February 17, 1925, one a public liability policy, which is the one here sued on, and the other a workmen’s compensation policy. The printed portion of the public liability policy under the heading of “Exclusions” provided that, “This policy shall not cover loss arising from bodily injuries or death caused . . . by any elevator or other hoisting device. ...” However, under the heading of “Description of trade, business or work covered by this policy” appeared the following statement of the…