Fidelity & Casualty Co. of New York v. Dorough
Court of Appeals for the Fifth Circuit
■ In Error to the Circuit Court of the United States for the Eastern District of Texas. This is a suit instituted by Mrs. Mary E. Dorough, for herself and in behalf of the Hartford Fire Insurance Company, O. E. Angel, Trezevant & Cochran, Beers, Kennison & Co., Sun Mutual Fire Insurance Company, Continental Fire Insurance Company, Eugene Harbeck, Frank C. Case, Georgis Home Insurance Company, J. T. Harris, and L. D. Jester, against the Fidelity & Casualty Company of New…
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■ In Error to the Circuit Court of the United States for the Eastern District of Texas. This is a suit instituted by Mrs. Mary E. Dorough, for herself and in behalf of the Hartford Fire Insurance Company, O. E. Angel, Trezevant & Cochran, Beers, Kennison & Co., Sun Mutual Fire Insurance Company, Continental Fire Insurance Company, Eugene Harbeck, Frank C. Case, Georgis Home Insurance Company, J. T. Harris, and L. D. Jester, against the Fidelity & Casualty Company of New York, upon a certain policy of insurance (called “accident insurance”) issued by said insurance company to R. T. Dorough,…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). It is conceded there is no law in the state of Texas authorizing the damages and attorney’s fees awarded in the verdict and judgment in this case, unless it be found in article 3071, Rev. St. Tex., adopted in 1895, as follows:
“Art. 3071. In all cases where a loss occurs and the life or health insurance company liable therefor shall fail to pay the same within the time specified in the policy, after demand made therefor, such company shall be liable to pay the holder of such policy, in addition to the amount of the loss, 12 per cent, damages on the amount of…
2Cases cited7 opinions
- Turner v. Cross and Eddy, ReceiversTexas Supreme Court · 1892
- Carver v. United StatesSupreme Court of the United States · 1897
- United States v. HarrisSupreme Court of the United States · 1900
- Schloss v. Atchison, Topeka & Santa Fe Railway Co.Texas Supreme Court · 1893
- Gulf, Colorado & Santa Fe Railway Co. v. DwyerTexas Supreme Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Wells v. HobbsCourt of Appeals of Texas · 1909
- Atlantic Coast Line Railroad v. CoachmanSupreme Court of Florida · 1910
- Carter v. Standard Acc. Ins.Utah Supreme Court · 1925
- Bowles v. Mutual Ben. Health & Accident Ass'nCourt of Appeals for the Fourth Circuit · 1938
- Ætna Accident & Liability Co. v. WhiteCourt of Appeals of Texas · 1915
8 more not listed; retrieve them via the Exa API.