Legal Opinion

American Fidelity & Casualty Company, Inc. v. St. Paul-Mercury Indemnity Company

Court of Appeals for the Fifth Circuit

Decided October 9, 1957No. 16441PublishedCited by 70 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

On facts, strikingly simple, neither complex nor conflicting, we have again the problem of an Insurer who has written the policy and taken ■ the Assured’s premium, urging him to go elsewhere, tentatively if not finally, because another insurer is, or ought- to, or may be, liable for the whole, half, or part a loaf. In the process the moving Insurer generally garbs itself in the appealing robes. of some assured so that, casting itself in a strange role, it asserts what it so often *511denied that the policy should be liberally construed and, by a bare toe hold manages…

2Cases cited42 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
  3. Six Companies of Cal. v. Joint Highway Dist. No. 13 of Cal.Supreme Court of the United States · 1940
  4. C. E. Carnes & Co. v. Employers' Liability Assur. Corp., Ltd. of LondonCourt of Appeals for the Fifth Circuit · 1939
  5. United Services Automobile Association v. James B. RussomCourt of Appeals for the Fifth Circuit · 1957

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

3Cited by70 opinions

  1. American Fidelity & Casualty Company, Inc. v. Pennsylvania Threshermen & Farmers' Mutual Casualty Insurance CompanyCourt of Appeals for the Fifth Circuit · 1960
  2. Morrison Grain Company, Inc., a Corporation v. Utica Mutual Insurance Company, a CorporationCourt of Appeals for the Fifth Circuit · 1980
  3. Commercial Standard Insurance Co. v. American General Insurance Co.Texas Supreme Court · 1970
  4. Transport Insurance Co. v. Standard Oil Co. of TexasTexas Supreme Court · 1960
  5. Marwell Construction, Inc. v. Underwriters at Lloyd's, LondonAlaska Supreme Court · 1970

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

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