Legal Opinion

Red Ball Motor Freight, Inc. v. Employers Mut. Liability Ins. Co. Of Wisconsin

Court of Appeals for the Fifth Circuit

Decided May 22, 1951No. 13274PublishedCited by 124 opinions

1Opinion of the Court

HUTCHESON, Chief Judge.

Brought upon an automobile policy insuring a Chevrolet tractor No. 2258, the suit was for the recovery of sums defendant had, under “Coverage-b Property Damage Liability”, contracted and agreed to pay on behalf of plaintiff, as insured.

The claim was that the damages sued for were, within the meaning of Coverage-b, “caused by accident and arising out of the ownership, maintenance, or use of the automobile”.

The defendant denied liability and, by cross action, sought recovery of premiums due and unpaid.

Tried to the court without a jury and upon evidence presenting no…

2Cases cited22 opinions

  1. Lewis v. Ocean Accident & Guarantee Corp.New York Court of Appeals · 1918
  2. Brown v. Palatine Insurance Co.Texas Supreme Court · 1896
  3. Schmidt v. Utilities Insurance Co.Supreme Court of Missouri · 1944
  4. International Travelers' Ass'n v. FrancisTexas Supreme Court · 1930
  5. Stammer v. KitzmillerWisconsin Supreme Court · 1937

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

3Cited by124 opinions

  1. Utica National Insurance Co. of Texas v. American Indemnity Co.Texas Supreme Court · 2004
  2. Taurus Holdings v. US FidelitySupreme Court of Florida · 2005
  3. Canutillo Independent School District v. National Union Fire Insurance Co. of PittsburghCourt of Appeals for the Fifth Circuit · 1996
  4. Continental Casualty Company v. City of Richmond, a Municipal Corporation, and Mead Reinsurance Company, Defendant-In-Intervention-AppellantCourt of Appeals for the Ninth Circuit · 1985
  5. American States Ins. Co. v. BaileyCourt of Appeals for the First Circuit · 1998

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

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