Legal Opinion

National Surety Corporation v. L. E. Wells, Sr. v. R. Hopfe, and Ella Hopfe, and L. E. Wells, Jr., a Minor

Court of Appeals for the Fifth Circuit

Decided March 7, 1961No. 18363_1PublishedCited by 40 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

The problem here has to do with timeliness of transmission to an insurer of a copy of the court process when the assured is not only an additional assured under the Omnibus Clause, but is a minor as well. The District Court held .the notice timely and sufficient. We agree.

Squeezing out all insignificant contradictions, the facts are neither complex nor conflicting and may be simply stated. Doing so, however, highlights the technical nature of the defense which the insurer urges upon us..

Wells, Jr., then sixteen, on August 18,1957 was driving the car belonging to…

2Cases cited25 opinions

  1. Bernhardt v. Polygraphic Co. of America, Inc.Supreme Court of the United States · 1956
  2. American Fidelity & Casualty Company, Inc. v. Pennsylvania Threshermen & Farmers' Mutual Casualty Insurance CompanyCourt of Appeals for the Fifth Circuit · 1960
  3. Klein v. Century LloydsTexas Supreme Court · 1955
  4. New Amsterdam Casualty Co. v. HamblenTexas Supreme Court · 1945
  5. Unverzagt v. PresteraSupreme Court of Pennsylvania · 1940

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

3Cited by40 opinions

  1. Harvey Thomas Smoot, Jr. v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962
  2. Lola Burton, as Administratrix of the Estate of William C. Burton v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1964
  3. State Farm Mutual Automobile Insurance Company v. Hearn, Adm'xCourt of Appeals of Maryland · 1966
  4. Lawler v. Government Employees Ins. Co.Mississippi Supreme Court · 1990
  5. North River Insurance v. GourdineSupreme Court of Virginia · 1964

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

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