Legal Opinion

State Farm Mutual Automobile Insurance Co. v. O'BRIEN

District Court, D. Minnesota

Decided September 9, 1974No. 6-73-Civ-114PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM & ORDER

DEVITT, Chief Judge.

In this declaratory judgment action based on diversity jurisdiction submitted on cross motions for summary judgment, the issue is whether plaintiff’s automobile insurance policy covering “use” of the insured truck contemplates liability to defendants for damages occasioned by its unauthorized movement by a six year old son of the insured under the stipulated facts. Briefs have been lodged.

The pertinent stipulated facts are that on August 29, 1970 an accident occurred involving a pickup truck owned by defendant George O’Brien and insured by plaintiff. On…

2Cases cited10 opinions

  1. State Farm Mutual Automobile Insurance Co. v. Pan American Insurance Co.Texas Supreme Court · 1969
  2. Assurance Co. of America v. BellCourt of Appeals of Georgia · 1963
  3. Great American Indem. Co. Of New York v. SaltzmanCourt of Appeals for the Eighth Circuit · 1954
  4. Lumbermens Mutual Casualty Company v. Employers' Liability Assurance Corp., LimitedCourt of Appeals for the First Circuit · 1958
  5. Baltimore Bank & Trust Company v. United States Fidelity & Guaranty CompanyCourt of Appeals for the Eighth Circuit · 1971

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

3Cited by12 opinions

  1. Erie Insurance Exchange v. Transamerica InsuranceSupreme Court of Pennsylvania · 1987
  2. National Family Insurance Co. v. BoyerSupreme Court of Minnesota · 1978
  3. Nationwide Property & Casualty Insurance Co. v. McFarland, Texas Court of Appeals, 5th District (Dallas)1994
  4. Belser v. Rockwood Casualty InsuranceSuperior Court of Pennsylvania · 2002
  5. Erie Insurance Exchange v. Transamerica InsuranceSupreme Court of Pennsylvania · 1986

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

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