Legal Opinion

Jerrell Powell and Mrs. Sally Bargeron v. Lititz Mutual Insurance Company

Court of Appeals for the Fifth Circuit

Decided January 12, 1970No. 26800PublishedCited by 26 opinions

1Opinion of the Court

GOLDBERG, Circuit Judge:

In this diversity case we must divine Georgia law to decide whether a fire insurance policy was cancelled prior to the destruction of the insured property. In accepting this delphic role we reluctantly, but necessarily, engage in such divination to construe a hitherto uncon-strued Georgia statute on the issue involved.

On December 11, 1965, the Lititz Mutual Insurance Company through its local agent, William Marón, issued a fire insurance policy covering a private club near Lyons, Georgia. The named insured was Jerrell Powell, the owner of the club, and the named…

2Cases cited15 opinions

  1. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  2. Montgomery Ward & Co. v. DuncanSupreme Court of the United States · 1940
  3. Brady v. Southern Railway Co.Supreme Court of the United States · 1944
  4. Dan Lind v. Schenley Industries IncCourt of Appeals for the Third Circuit · 1960
  5. Berner v. British Commonwealth Pacific Airlines, Ltd.Court of Appeals for the Second Circuit · 1965

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

3Cited by26 opinions

  1. Holmes v. WilsonTennessee Supreme Court · 1977
  2. Turnpike Motors, Inc. v. Newbury Group, Inc.Massachusetts Supreme Judicial Court · 1992
  3. John S. Mays v. Pioneer Lumber Corporation, a West Virginia CorporationCourt of Appeals for the Fourth Circuit · 1974
  4. Rein J. Vander Zee v. Kimon T. KarabatsosCourt of Appeals for the D.C. Circuit · 1979
  5. Portage II and Portage IV v. Bryant Petroleum Corp., Dr. Clarke N. SimmCourt of Appeals for the Sixth Circuit · 1990

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

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