Legal Opinion

Universal Underwriters Insurance v. Wagner

Court of Appeals for the Eighth Circuit

Decided November 7, 1966No. Nos. 18296, 18297PublishedCited by 1 opinion

1Opinion of the Court

LAY, Circuit Judge.

This is an action brought by Western Mutual Insurance Company for a declaratory judgment under Title 28, U.S.C. § 2201. Western seeks a determination that its coverage to its assured Henry G. Gritzfeld1 is excess coverage and not primary, as against alleged coverage issued by Universal Underwriters Insurance Company to the Masid Chevrolet-Oldsmobile & Cadillac, Inc., owner of a car loaned to Gritzfeld.

Gritzfeld filed a cross claim against Universal and Masid, as well as a counterclaim against Western seeking protection of the coverage of both companies.

The controversy arose…

2Cases cited60 opinions

  1. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  2. Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
  3. Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
  4. United States v. Schooner PeggySupreme Court of the United States · 1801
  5. Smith v. SperlingSupreme Court of the United States · 1957

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3Cited by1 opinion

  1. Universal Underwriters Insurance Company, a Corporation, and Masid Chevrolet-Oldsmobile & Cadillac, Inc., a Corporation v. Amelia G. Wagner, Henry Gritzfeld, Jr., and Katherine G. Linder, as Executors of the Estate of Henry Gritzfeld, Deceased, and Western Mutual Insurance Company, a Corporation, Western Mutual Insurance Company, a Corporation v. Universal Underwriters Insurance Company, a Corporation, Masid Chevrolet-Oldsmobile & Cadillac, Inc., a Corporation, and Amelia G. Wagner, Henry Gritzfeld, Jr., and Katherine G. Linder, as Executors of the Estate of Henry Gritzfeld, DeceasedCourt of Appeals for the Eighth Circuit · 1966

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