Legal Opinion
Big Town Nursing Homes, Inc. v. Reserve Insurance Company
Court of Appeals for the Fifth Circuit
Decided April 10, 1974No. 73-1682PublishedCited by 8 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge:
Plaintiff-appellant, Big Town Nursing Homes, Inc. (“Nursing Home”), brought this diversity action against its insurer, Reserve Insurance Company (“Reserve”), in order to recover a sum alleged to be due under the malpractice endorsement of a general liability policy. The district court held for defendant on the ground that the actions giving rise to plaintiff’s loss did not fall within the definition of malpractice under the applicable Texas law. We reverse.
In September of 1968 Mr. Howard Newman voluntarily entered Nursing Home in order to receive treatment for…
2Cases cited2 opinions
- Maryland Casualty Co. v. Crazy Water Co.Court of Appeals of Texas · 1942
- Fidelity & Casualty Co. of New York v. GriffinDistrict Court, S.D. Texas · 1959
3Cited by8 opinions
- Guaranty National Insurance Co. v. The North River Insurance CompanyCourt of Appeals for the Fifth Circuit · 1990
- Coastal Iron Works, Inc., Plaintiff-Third Party Cross v. Petty Ray Geophysical, a Division of Geosource, Inc., Cross-Appellant v. Fidelity & Casualty Co. Of New York, Third Party CrossCourt of Appeals for the Third Circuit · 1986
- Erie Insurance Group v. Alliance Environmental, Inc.District Court, S.D. Indiana · 1996
- Century Surety Company v. Ajredin DeariCourt of Appeals for the Fifth Circuit · 2018
- Coastal Iron Works, Inc. v. GeophysicalCourt of Appeals for the Fifth Circuit · 1986
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