Legal Opinion
Commercial Stand. Ins. Co. v. Gilmore, Gardner & Kirk Oil Co.
Court of Appeals for the Tenth Circuit
Decided November 12, 1946No. 3376PublishedCited by 11 opinions
1Opinion of the Court
HUXMAN, Circuit Judge.
The question presented by this appeal is whether death by burning following a collision between a railroad locomotive and a gasoline truck filled with gasoline is within the coverage of two liability policies issued by the appellant company, or whether it is excluded therefrom by an exclusion clause to be noted hereafter.
The facts are not in dispute and are substantially as follows: Gilmore, Gardner & Kirk Oil Company was a co-partnership engaged in transporting gasoline by track. To obtain the necessary permit to carry on its business, it filed the statutory liability…
2Cases cited5 opinions
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
- Moffitt v. State Automobile InsuranceNebraska Supreme Court · 1941
- Mandles v. Guardian Life Ins. Co. of AmericaCourt of Appeals for the Tenth Circuit · 1940
- Maryland Casualty Co. v. MorrisonCourt of Appeals for the Tenth Circuit · 1945
3Cited by11 opinions
- Hammer v. Lumberman's Mutual Casualty Co.Supreme Court of Connecticut · 1990
- Ohio Casualty Ins. Co. v. Farmers Bank of Clay, KentuckyCourt of Appeals for the Sixth Circuit · 1949
- Garcia v. BrownellCourt of Appeals for the Ninth Circuit · 1956
- Fash v. ClaytonDistrict Court, D. New Mexico · 1948
- Eddy v. Travelers Ins. Co., Hartford, ConnCourt of Appeals for the Tenth Circuit · 1954
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