Legal Opinion
Lumbermen's Mut. Casualty Co. v. McIver
District Court, S.D. California
Decided June 7, 1939No. 297-RJPublishedCited by 5 opinions
1Opinion of the Court
JENNEY, District Judge.
This is an action for declaratory relief. Requisite jurisdictional requirements of diversity of citizenship and amount in controversy are present. The insurance company seeks a judicial declaration determining its non-liability upon one of its policies; and asks to be exonerated from the duty of defending a personal injury suit brought against its assured, and also from liability to satisfy any possible judgment in that suit.
The stipulated facts are these: The Lumbermen’s Mutual Casualty Company issued a policy of automobile liability insurance to Leotia Mclver and Jeff…
2Cases cited6 opinions
- Aetna Insurance v. Kennedy Ex Rel. BogashSupreme Court of the United States · 1937
- State Farm Mut. Automobile Ins. Co. v. CoughranSupreme Court of the United States · 1938
- Kimball Ice Co. v. Hartford Fire Ins. Co.Court of Appeals for the Fourth Circuit · 1927
- Hartford Fire Ins. v. MorrisCourt of Appeals for the Sixth Circuit · 1928
- Brown v. Travelers Insurance Co.California Court of Appeal · 1939
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- American Fidelity Co. v. Hotel PoultneySupreme Court of Vermont · 1954
- Eastman Kodak Co. v. McAuleyDistrict Court, S.D. New York · 1941
- Twogood v. American Farmers Mutual Automobile InsuranceSupreme Court of Iowa · 1941
- Atlas Aluminum Corp. v. Borden Chemical Corp.District Court, E.D. Pennsylvania · 1964
- Safeguard Insurance v. OlsenNew York Supreme Court · 1960