Legal Opinion
American Service Mutual Insurance v. Bottum
Court of Appeals for the Eighth Circuit
Decided January 17, 1967No. 18439PublishedCited by 1 opinion
1Opinion of the Court
LAY, Circuit Judge.
This constitutes another of the multitude of declaratory actions under Tit. 28, U.S.C. § 2201, where an insurance company, after premium is paid, attempts to abort its policy when a loss occurs. The trial court found against the carrier and we must affirm.
One Serge Alvarez was issued an automobile liability policy by appellant, American Service, on November 18, 1963, while stationed in Memphis, Tennessee, with the military service. In March, 1964, Alvarez was transferred to El Toro, Santa Ana, California. When he arrived at El Toro, he notified his insurance company of the…
2Cases cited35 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Lauritzen v. LarsenSupreme Court of the United States · 1953
- Bernhardt v. Polygraphic Co. of America, Inc.Supreme Court of the United States · 1956
- Meredith v. Winter HavenSupreme Court of the United States · 1943
- Clay v. Sun Ins. Office Ltd.Supreme Court of the United States · 1960
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3Cited by1 opinion
- American Service Mutual Insurance Company v. Joe Bottum, IiiCourt of Appeals for the Eighth Circuit · 1967