Legal Opinion
Commercial Union Insurance Company of New York v. Russell Reichard
Court of Appeals for the Fifth Circuit
Decided December 26, 1968No. 26103PublishedCited by 15 opinions
1Opinion of the Court
TUTTLE, Circuit Judge:
In this diversity case we deal with a field of state law as to which this court has probably already played a sufficient role. By our decision and opinion in Northwestern National Casualty Company of America v. McNulty (5 Cir. 1962), 307 F.2d 432, we held that the Florida law did not permit the recovery on a public liability policy for payments made by an insured resulting from a successful claim for punitive damages under certain circumstances. These circumstances are carefully spelled out in the McNulty opinion. We said:
“By ‘punitive damages’ we mean damages awarded…
2Cases cited4 opinions
- Northwestern National Casualty Company of Milwaukee, Wisconsin v. Edward A. McNulty and Walter Scott SmithCourt of Appeals for the Fifth Circuit · 1962
- Carraway v. RevellSupreme Court of Florida · 1959
- Nicholson v. American Fire and Casualty Insurance CompanyDistrict Court of Appeal of Florida · 1965
- Sterling Insurance Company v. HughesDistrict Court of Appeal of Florida · 1966
3Cited by15 opinions
- U.S. Concrete Pipe Co. v. BouldSupreme Court of Florida · 1983
- Dayton Hudson Corp. v. American Mutual Liability Insurance Co.Supreme Court of Oklahoma · 1980
- Anthony D. Duke v. Joel Hoch, Home Indemnity Company, Garnishee-AppelleeCourt of Appeals for the Fifth Circuit · 1973
- Hensley v. Erie Insurance Co.West Virginia Supreme Court · 1981
- Louviere v. ByersLouisiana Court of Appeal · 1988
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