Legal Opinion

Commercial Union Insurance Company v. United States

Court of Appeals for the Fifth Circuit

Decided April 11, 1991No. 89-3873PublishedCited by 21 opinions

1Opinion of the Court

GARWOOD, Circuit Judge:

Commercial Union Insurance Company et al. (collectively, “insurers”) appeal the dismissal of their claim against the United States for the Bureau of Mines’ allegedly improper approval of supplied-air respiratory equipment in the 1930s. The district court dismissed the claim for lack of subject matter jurisdiction pursuant to the discretionary function and misrepresentation exceptions of the Federal Tort Claims Act, 28 U.S.C. §§ 2680(a) & (h). We affirm.

Facts and Proceedings Below

The insurers underwrote liability coverage for the executive officers of Avondale Shipyards,…

2Cases cited7 opinions

  1. United States v. NeustadtSupreme Court of the United States · 1961
  2. Block v. NealSupreme Court of the United States · 1983
  3. Harris v. Pizza Hut of Louisiana, Inc.Supreme Court of Louisiana · 1984
  4. Interfirst Bank Dallas, N.A. v. United States of America, and Internal Revenue Service, DefendantsCourt of Appeals for the First Circuit · 1985
  5. Joseph J. Rey v. United StatesCourt of Appeals for the Fifth Circuit · 1973

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

3Cited by21 opinions

  1. Truman v. United StatesCourt of Appeals for the Fifth Circuit · 1994
  2. Muniz-Rivera v. United StatesCourt of Appeals for the First Circuit · 2003
  3. Life Partners Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 2011
  4. In Re Katrina Canal Breaches Consolidated LitigationDistrict Court, E.D. Louisiana · 2009
  5. Bob Hamric Chevrolet, Inc. v. USA, Internal Revenue ServiceDistrict Court, W.D. Texas · 1994

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

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