Legal Opinion
Clarence Payne v. State Farm Mutual Automobile Insurance Company
Court of Appeals for the Fifth Circuit
Decided April 30, 1959No. 17497PublishedCited by 47 opinions
1Opinion of the Court
WISDOM, Circuit Judge.
This appeal presents two questions: (1) In a suit for damages for personal injuries, brought against an insurer alone, is the jurisdictional amount controlled by the limitation of liability in the policy on which the plaintiff sues or by the amount of the alleged damages? (2) In a suit brought by the father as natural tutor, may a claim for property damage to a child’s clothing and a claim for damages for personal injuries suffered by the child be aggregated in order to make up the requisite jurisdictional amount?
John Payne, a nine year old boy, was crossing a street in…
2Cases cited10 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Barry v. EdmundsSupreme Court of the United States · 1886
- Lion Bonding & Surety Co. v. KaratzSupreme Court of the United States · 1923
- C. E. Carnes & Co. v. Employers' Liability Assur. Corp., Ltd. of LondonCourt of Appeals for the Fifth Circuit · 1939
- Colorado Life Co. v. SteeleCourt of Appeals for the Eighth Circuit · 1938
5 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Hartford Insurance Group v. Lou-Con Inc.Court of Appeals for the Fifth Circuit · 2002
- Wilson v. American Chain & Cable Co.Court of Appeals for the Third Circuit · 1966
- Essie H. Jewell v. Grain Dealers Mutual Insurance Co.Court of Appeals for the Fifth Circuit · 1961
- Timothy Wilson, a Minor, by Robert Wilson, His Natural Parent and Guardian, and Robert Wilson, in His Own Right v. American Chain & Cable Company, Inc. v. Robert Wilson and Hugh Lavery (Third-Party Defendant) Timothy Wilson, a Minor, by Robert Wilson, His Natural Parent and Guardian, Timothy Wilson, a Minor, by Robert Wilson, His Natural Parent and Guardian, and Robert Wilson, in His Own Right v. American Chain & Cable Company, Inc. v. Robert Wilson and Hugh Lavery (Third-Party Defendant) Robert Wilson, in His Own RightCourt of Appeals for the Third Circuit · 1966
- Jose A. Santiesteban v. The Goodyear Tire & Rubber CompanyCourt of Appeals for the Fifth Circuit · 1962
42 more not listed; retrieve them via the Exa API.