Legal Opinion

American Insurance v. Durden

District Court, D. South Carolina

Decided July 20, 1965No. Civ. A. No. AC-1494PublishedCited by 1 opinion

1Opinion of the Court

HEMPHILL, District Judge.

Declaratory Judgment action by plaintiff American Insurance Company (hereinafter referred to as “American”) pursuant to 28 U.S.C. § 2201 to determine whether it has “primary” or “secondary” coverage for personal injuries and property damage resulting from an automobile accident involving its insured, D. B. Durden, Jr. Plaintiff avers that defendant South Carolina Insurance Company, insurer of the First National Bank of South Carolina, has primary coverage, with its coverage being secondary.

Stipulated facts reveal that an automobile was repossessed by defendant the…

2Cases cited4 opinions

  1. American Surety Company of New York, and Cross-Appellee v. Canal Insurance Company, and Cross-AppellantCourt of Appeals for the Fourth Circuit · 1958
  2. Citizens Mutual Automobile Insurance Company, a Michigan Corporation v. Liberty Mutual Insurance Company, a Massachusetts CorporationCourt of Appeals for the Sixth Circuit · 1959
  3. Snow v. NowlinSupreme Court of Florida · 1936
  4. Minnesota State Bank of St. Paul v. BatcherSupreme Court of Minnesota · 1962

3Cited by1 opinion

  1. Opinion No. (2007), California Attorney General Reports2007

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