Legal Opinion

Security Insurance Company of Hartford v. A. G. Wimpy and A. G. Wimpy Company, Inc.

Court of Appeals for the Fifth Circuit

Decided March 8, 1973No. 71-1839PublishedCited by 1 opinion

1Opinion of the Court

JOHN R. BROWN, Chief Judge.

As a rare animal too often neglected and overlooked as aggrieved parties sur*1103vey the appellate zoo, this case comes to us on an agreed statement, F.R.A.P. 10(d).1 It presents for decision the computation of correct premiums under a retrospective rating plan2 where the Insurer cancels before the expiration of the last year of a three year policy period 3 because of adverse loss experience on the part of the Assured. The trial court held for the Insurer and the Assured appeals. We reverse.

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2Cases cited10 opinions

  1. United States v. SeckingerSupreme Court of the United States · 1970
  2. American Fidelity & Casualty Company, Inc. v. St. Paul-Mercury Indemnity CompanyCourt of Appeals for the Fifth Circuit · 1957
  3. United States v. M. O. Seckinger, Jr., T/a M. O. Seckinger CompanyCourt of Appeals for the Fifth Circuit · 1969
  4. Ketona Chemical Corporation v. Globe Indemnity CompanyCourt of Appeals for the Fifth Circuit · 1969
  5. Travelers Ins. Co. v. Jeffries-Eaves, Inc., of Colo.Supreme Court of Colorado · 1968

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3Cited by1 opinion

  1. Security Insurance Company of Hartford v. A. G. Wimpy and A. G. Wimpy Company, Inc.Court of Appeals for the Fifth Circuit · 1973

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