Legal Opinion
State Farm Fire and Casualty Company v. James McGowan Individually and D/B/A Jmac Enterprises, and Lori L. Dutton
Court of Appeals for the Sixth Circuit
Decided August 31, 2005No. 04-5823PublishedCited by 135 opinions
1Opinion of the Court
OPINION
GILMAN, Circuit Judge.
This action concerns the coverage provided by a property owner’s insurance policy issued by State Farm Fire and Casualty Company to James McGowan, the former owner of an apartment building. State Farm filed a declaratory judgment action in federal court regarding its defense obligations to McGowan in a Tennessee state-court lawsuit filed by Lori L. Dutton. Dutton, who lived in one of the apartments with her four-year-old daughter Amy, filed suit against McGowan after a rotting tree collapsed onto the apartment during a thunderstorm, killing Amy. The district court…
2Cases cited15 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- McClung v. Delta Square Ltd. PartnershipTennessee Supreme Court · 1996
- Bob Pearsall Motors, Inc. v. Regal Chrysler-Plymouth, Inc.Tennessee Supreme Court · 1975
10 more not listed; retrieve them via the Exa API.
3Cited by135 opinions
- Howard H. Kessler Jacqueline A. Kessler v. Visteon Corporation, a Delaware CorporationCourt of Appeals for the Sixth Circuit · 2006
- Beverage Distributors, Inc. v. Miller Brewing CompanyCourt of Appeals for the Sixth Circuit · 2012
- Gilmore v. DavisCourt of Appeals for the Sixth Circuit · 2006
- Arucan v. Cambridge E. Healthcare/Sava Seniorcare LLCDistrict Court, E.D. Michigan · 2018
- Provident Bank v. Tennessee Farmers Mutual InsuranceCourt of Appeals for the Sixth Circuit · 2007
130 more not listed; retrieve them via the Exa API.