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EMPLOYERS' LIABILITY ASSUR. CORPORATION v. RYAN

No. 8107.

109 F.2d 690 (1940)

EMPLOYERS' LIABILITY ASSUR. CORPORATION, Limited, v. RYAN et al.

Circuit Court of Appeals, Sixth Circuit.

February 16, 1940.

Attorney(s) appearing for the Case

J. R. Kistner, of Cleveland, Ohio, for appellant.

W. K. Sullivan, of Cleveland, Ohio (A. L. Kearns and A. G. Newcomb, both of Cleveland, Ohio, on the brief), for appellees.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

SIMONS, Circuit Judge.

The appellant had insured the Glazers against liability to persons injured in the operation of their apartment building in Cleveland, Ohio. The appellee Ryan, claiming to have been injured on the premises, sued the Glazers in the State Court and they, in turn, notified the appellant of the pendency of the suit and requested it to defend. The appellant refused because knowledge of the accident first came to it 127 days after it happened, and...

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