Legal Opinion
Morgan v. Badger Mutual Insurance
District Court, N.D. Florida
Decided February 28, 1961No. Civ. A. No. 965PublishedCited by 6 opinions
1Opinion of the Court
CARSWELL, Chief Judge.
This action was instituted by plaintiff to recover sums of money under policies of insurance on property destroyed by fire. After protracted litigation, the jury returned a verdict in behalf of plaintiff in the amount of $75,842.22.
The various insurers now raise the question of apportionment of liability between them. There are two groups of insurers, one comprised of mutual companies and the other comprised of stock companies. Each of the mutual companies’ policies contain the following" clause:
“This Company shall not be liable for a greater proportion of any loss than…
2Cases cited9 opinions
- Oregon Auto. Ins. Co. v. United States Fidelity & Guaranty Co.Court of Appeals for the Ninth Circuit · 1952
- Peters v. Great American Ins. Co.Court of Appeals for the Fourth Circuit · 1949
- Wilson Company v. Hartford Fire Insurance Co.Supreme Court of Missouri · 1923
- Continental Casualty Co. v. St. Paul Mercury Fire & Marine InsuranceDistrict Court, S.D. Florida · 1958
- Fairchild v. Liverpool & London Fire & Life InsuranceCommission of Appeals · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- United Services Automobile Ass'n v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1977
- Sucher v. Utica Mutual Insurance Co.District Court of Appeal of Florida · 1970
- Towns Realty, Inc. v. Safeco Insurance Co. of AmericaCourt of Appeals for the Eleventh Circuit · 1988
- Lloyd's of London v. Walker, Texas Court of Appeals, 5th District (Dallas)1986
- Lloyd's of London v. Walker, Texas Court of Appeals, 5th District (Dallas)1986
1 more not listed; retrieve them via the Exa API.