Legal Opinion
Federated Mutual Implement & Hardware Insurance v. Gupton
District Court, E.D. South Carolina
Decided May 20, 1965No. Civ. A. 8501PublishedCited by 16 opinions
1Opinion of the Court
HEMPHILL, Chief Judge.
Motion by plaintiff insurance company under the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, alleging that it is under no obligation or duty to appear and defend in the action by defendant Gupton against defendant Williams because of plaintiff's policy of liability insurance issued to Gupton’s employer, Riggs Esso Service Station, or by reason of the South Carolina Uninsured Motorist Act.
There are no South Carolina cases close to being in point on the issue presented here, so this Court must pick its way along the Erie track unguided by that infallible beacon,…
2Cases cited12 opinions
- Red Ball Motor Freight, Inc. v. Employers Mut. Liability Ins. Co. Of WisconsinCourt of Appeals for the Fifth Circuit · 1951
- Schmidt v. Utilities Insurance Co.Supreme Court of Missouri · 1944
- Bonnie Lee Jamieson Deveny, B.N.F. Frank Jamieson, and Frank Jamieson v. Rheem Manufacturing Company, Robertshaw Fulton Controls CompanyCourt of Appeals for the Second Circuit · 1963
- Fidelity and Casualty Company of New York v. Edith Joyce Murray LottCourt of Appeals for the Fifth Circuit · 1960
- Panhandle Steel Products Co. v. Fidelity Union Casualty Co.Court of Appeals of Texas · 1929
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Rau v. Liberty Mutual InsuranceCourt of Appeals of Washington · 1978
- Butzberger v. FosterWashington Supreme Court · 2004
- Adkins v. MeadorWest Virginia Supreme Court · 1997
- Allied Mutual Insurance v. Action Electric Co.Nebraska Supreme Court · 1999
- Cleaver v. Big Arm Bar & Grill, Inc.West Virginia Supreme Court · 1998
11 more not listed; retrieve them via the Exa API.