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STATE v. AETNA CASUALTY & SURETY CO.

138 Conn. 363 (1951)

STATE OF CONNECTICUT v. THE AETNA CASUALTY & SURETY COMPANY

Supreme Court of Connecticut.

Decided November 20, 1951.

Attorney(s) appearing for the Case

Jack Rubin, assistant attorney general, with whom, on the brief, was George C. Conway, attorney general, for the appellant (plaintiff).

Joseph F. Berry, for the appellee (defendant).

BROWN, C. J., JENNINGS, BALDWIN, INGLIS and O'SULLIVAN, JS.

BROWN, C. J.

The state brought this action upon a policy procured pursuant to § 2183 of the General Statutes, whereby the defendant insured the state and the highway commissioner against liability consequent upon defects in state-maintained highways. The defendant contested liability upon the ground, among others, that the plaintiff had violated an express condition of the policy requiring that the insured co-operate...

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