Legal Opinion

Edwin Nelms, Individually and as Next Friend for Mark Nelms v. State Farm Mutual Automobile Insurance Company

Court of Appeals for the Fifth Circuit

Decided July 6, 1972No. 72-1276PublishedCited by 11 opinions

1Per curiam

Appellant, Edwin Nelms, sued appellee insurance company to recover damages allegedly caused when he was bitten by a dog belonging to his grandfather, a Louisiana resident, while appellant was visiting in Louisiana. The action was brought directly against the grandfather’s insurer in the federal district court for the Northern District of Texas on the basis of diversity jurisdiction. The trial court dismissed the action after concluding that the applicable confliet-of-laws rules would not allow a direct action against an insurer under the circumstances of this case. We agree with the trial…

2Cases cited7 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Griffin v. McCoachSupreme Court of the United States · 1941
  4. Penny v. PowellTexas Supreme Court · 1961
  5. Wells v. AMERICAN EMPLOYERS'INS. CO.Court of Appeals for the Fifth Circuit · 1942

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. National Education Association, Inc. v. Lee County Board of Public InstructionCourt of Appeals for the Fifth Circuit · 1972
  2. Jones v. CGU Insurance Co., Texas Court of Appeals, 3rd District (Austin)2002
  3. George B. Dickinson v. Auto Center Manufacturing Co., a Florida Corporation, DefendantsCourt of Appeals for the Fifth Circuit · 1979
  4. Standard Fire Insurance v. SassinDistrict Court, N.D. Texas · 1995
  5. Delaune v. Saint Marine Transportation Co.District Court, E.D. Louisiana · 1990

6 more not listed; retrieve them via the Exa API.

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