Miles

This was an action by an employer against his insurance carrier to recover the balance due on a judgment recovered against the employer by an employee. The carrier has paid the sum of $5,000, with interest and costs of suit, on the judgment recovered against the insured, and, if its liability was limited to the sum of $5,000 for injury to any one person, as claimed by it, the judgment must be reversed. If, on the other hand, the policy was an unlimited one, as found by the court below, the judgment should be affirmed. This question of fact is the only question in the case.

October 22, 1920, the appellant issued to the appellee a binder in substantially the following form: The Maryland Casualty Company hereby binds insurance for ten days from noon of the above date in favor of Charles Miles, at the rate, and subject to the limits of liability named below, and subject also to the agreements and conditions of.its usual form. On November 1, 1920, and December 31, 1920, two other binders, similar in form, were issued; the one for a period of sixty days, the other for a period of thirty days. It will be observed that these binders contained no limit of liability, and the reason…