Legal Opinion
Betty and Stanley Ross v. Western Fidelity Insurance Company
Court of Appeals for the Fifth Circuit
Decided August 10, 1989No. 88-4465PublishedCited by 23 opinions
1Opinion of the Court
ON PETITION FOR REHEARING
Before GARZA, JOLLY and JONES, Circuit Judges. E. GRADY JOLLY, Circuit Judge:
We grant the petition for rehearing. We agree that our opinion requires some clarification. We will try. In the process, we hope that we do not make trial on remand any more difficult than it necessarily will be in this hard-to-distill case.
We initially note that most of the issues of interpretation of the insurance policy in this case come down to a blurred amalgam of fact and law that is best resolved after trial when a jury has resolved the factual issues to which the terms of the policy…
2Cases cited1 opinion
- Williams v. Life Ins. Co. of GeorgiaMississippi Supreme Court · 1979
3Cited by23 opinions
- Hughes v. Boston Mutual Life InsuranceCourt of Appeals for the First Circuit · 1994
- Charlotte A. Pitcher v. Principal Mutual Life Insurance CompanyCourt of Appeals for the Seventh Circuit · 1996
- Joseph Lawson Tammy Malatak, on Behalf of Minor Child Elena Lawson v. Fortis Insurance Company, Appellant/cross-AppelleeCourt of Appeals for the Third Circuit · 2002
- McFarland v. Utica Fire Insurance Co. of Oneida County, New YorkDistrict Court, S.D. Mississippi · 1992
- National Union Fire Insurance Company of Pittsburgh, Pennsylvania v. Kasler CorporationCourt of Appeals for the Fifth Circuit · 1990
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