Legal Opinion · Dissent

St. Paul Mercury Insurance v. Huitt

Court of Appeals for the Sixth Circuit

Decided August 20, 1964No. Nos. 15320, 15321Published

1DissentMcALLISTER, Senior Circuit Judge

I cheerfully acknowledge the learning, research, and persuasiveness of Judge Wilson’s opinion, and regret that I cannot concur in his able disposition of the issues. To express the reasons why I am not in agreement, I submit the following as my view of the case.

The Auto Owners Insurance Company policy obligated that company to pay, on behalf of Ben Waanders & Son, the owners of a ready-mixed concrete truck, all sums which Waanders Company should be obliged to pay by reason of the liability imposed upon Waanders, by law, for damages because of bodily injury arising out of the use, including…

2Cases cited33 opinions

  1. Stipcich v. Metropolitan Life InsuranceSupreme Court of the United States · 1928
  2. Wagman v. American Fidelity & Casualty Co.New York Court of Appeals · 1952
  3. McGrail v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1944
  4. Standard Acc. Ins. Co. Of Detroit, Mich. v. Winget Winget v. Standard Acc. Ins. Co. Of Detroit, MichCourt of Appeals for the Ninth Circuit · 1952
  5. Employers Mutual Liability Insurance v. Pacific Indemnity Co.California Court of Appeal · 1959

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