Legal Opinion

United Services Automobile Association v. Wharton

District Court, W.D. North Carolina

Decided January 18, 1965No. Civ. 2145PublishedCited by 7 opinions

1Opinion of the Court

CRAVEN, Chief Judge:

This is a suit for declaratory judgment brought by United Services Automobile Association (an insurance company) to determine the extent of its obligation, if any, under a standard automobile liability insurance policy issued to Colonel James Wharton.

Under the terms of the policy, United Services has no duty to defend claims or pay damages “caused intentionally by * * * the insured.” The principal question for decision is whether Colonel Wharton intentionally caused property damage and bodily injury (including death) within the exclusionary clause of the policy. The burden…

2Cases cited14 opinions

  1. Dallas County v. Commercial Union Assurance Company, Ltd.Court of Appeals for the Fifth Circuit · 1961
  2. Monarch Insurance Company of Ohio v. May Spach, as Receiver for Ro-Ben, Inc.Court of Appeals for the Fifth Circuit · 1960
  3. Joseph E. Thomas v. Ruth A. Martin HoganCourt of Appeals for the Fourth Circuit · 1962
  4. Wright v. WilsonCourt of Appeals for the Third Circuit · 1946
  5. Roomy v. Allstate Insurance CompanySupreme Court of North Carolina · 1962

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

3Cited by7 opinions

  1. Tug Raven and Vermillion Towing Corporation v. Mrs. Myrtle Lucille Goodman Trexler, Administratrix of the Estate of Robert W. Trexler, Deceased, Crown Central Petroleum Corporation, Barge 104 and Southern Transportation Co., Inc. v. Mrs. Myrtle Lucille Goodman Trexler, Administratrix of the Estate of Robert W. Trexler, Deceased, Crown Central Petroleum Corporation, Richard S. Smith v. Crown Central Petroleum Corporation, Margaret R. Cavedo, Mary A. Cavedo, John and Joyce Mae Fulton, and Mr. And Mrs. Edward L. Butts v. Crown Central Petroleum Corporation, J. B. Morris and William H. Clark v. Crown Central Petroleum CorporationCourt of Appeals for the Fourth Circuit · 1970
  2. Raven v. TrexlerCourt of Appeals for the Fourth Circuit · 1969
  3. Kraus v. Allstate Insurance CompanyDistrict Court, W.D. Pennsylvania · 1966
  4. Murray v. LandenbergerOhio Court of Appeals · 1966
  5. Leonard v. WhartonDistrict Court, D. Maryland · 1967

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

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