Legal Opinion
Insurance Co. of North America v. Black
Court of Appeals for the Fifth Circuit
Decided November 16, 1979No. 79-1958PublishedCited by 5 opinions
1Opinion of the Court
RONEY, Circuit Judge:
In this diversity declaratory judgment action, the district court held that a personal automobile policy did not cover the driver in a two death accident because he did not own the car he was driving and did not have the owner’s permission to use it at the time of the accident. Turning the decision on an interpretation of the terms of the policy governing coverage, we affirm as to liability and medical payments coverage, but reverse and remand as to accidental death benefits coverage.
Aubrey O. Lee, Jr. and Lelvoid Black were killed when a car driven by Lee collided…
2Cases cited8 opinions
- Alabama Farm Bureau Mutual Casualty Insurance v. GoodmanSupreme Court of Alabama · 1966
- Empire Life Insurance v. GeeSupreme Court of Alabama · 1912
- McMICHAEL v. AMERICAN INSURANCE COMPANYCourt of Appeals for the Eighth Circuit · 1965
- Robert M. Bright, Administrator of the Estate of Robert R. Bright, Deceased, and Dennis Harless v. Ohio Casualty Insurance CompanyCourt of Appeals for the Sixth Circuit · 1971
- Harleysville Mutual Casualty Co. v. Nationwide Mutual InsuranceSupreme Court of South Carolina · 1966
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Pacific Indemnity Co. v. LinnCourt of Appeals for the Third Circuit · 1985
- Cohen v. Erie Indemnity Co.Superior Court of Pennsylvania · 1981
- Government Employees Insurance v. FranklinHawaii Supreme Court · 1983
- Insurance Company Of North America v. Betty Jo BlackCourt of Appeals for the Fifth Circuit · 1979
- Pacific Indemnity Company v. Linn, Robert, D.O., Moses, Stephen D., D.O., Robert Linn Medical Associates, Smith, David H., Individually and as Administrator of the Estate of Patricia Smith, Deceased, Silberlicht, Jack, of the Estate of Judith Silberlicht, Deceased, Aetna Insurance Company, Myrletus, William K., Director, Pennsylvania Professional Liability Catastrophe Loss Fund, Pennsylvania Professional Liability Joint Underwriting Association, Chicago Insurance Company, Interstate Fire & Casualty Company v. Nationwide Mutual Fire Insurance Company, Pennsylvania Professional Liability Joint Underwriting Association 3rd Pty Deft. Appeal of Aetna Insurance Company. Pacific Indemnity Company v. Linn, Robert, D.O., Moses, Stephen D., D.O., Robert Linn Medical Associates, Smith, David H., Individually and as Administrator of the Estate of Patricia Smith, Deceased, Silberlicht, Jack, of the Estate of Judith Silberlicht, Deceased, Aetna Insurance Company, Myrletus, William K., Director, Pennsylvania Professional Liability Catastrophe Loss Fund, Pennsylvania Professional Liability Joint Underwriting Association, Chicago Insurance Company, Interstate Fire & Casualty Company v. Nationwide Mutual Fire Insurance Company, Pennsylvania Professional Liability Joint Underwriting Association 3rd Pty Deft. Appeal of Nationwide Mutual Fire Insurance Company, in No. 84-1445, Pacific Indemnity Company, in No. 84-1461 v. Linn, Robert, D.O., Moses, Stephen D., D.O., Robert Linn Medical Associates, Smith, David H., Individually and as Administrator of the Estate of Patricia Smith, Deceased, Silberlicht, Jack, of the Estate of Judith Silberlicht, Deceased, Aetna Insurance Company, Myrletus, William K., Director, Pennsylvania Professional Liability Catastrophe Loss Fund, Pennsylvania Professional Liability Joint Underwriting Association, Chicago Insurance Company, Interstate Fire & Casualty Company v. Nationwide Mutual Fire Insurance Company, Pennsylvania Professional Liability Joint Underwriting Association 3rd Pty Deft. Pacific Indemnity Company v. Linn, Robert, D.O., Moses, Stephen D., D.O., Robert Linn Medical Associates, Smith, David H., Individually and as Administrator of the Estate of Patricia Smith, Deceased, Silberlicht, Jack, of the Estate of Judith Silberlicht, Deceased, Aetna Insurance Company, Myrletus, William K., Director, Pennsylvania Professional Liability Catastrophe Loss Fund, Pennsylvania Professional Liability Joint Underwriting Association, Chicago Insurance Company, Interstate Fire & Casualty Company v. Nationwide Mutual Fire Insurance Company, Pennsylvania Professional Liability Joint Underwriting Association 3rd Pty Deft. Appeal of Pennsylvania Professional Liability Joint Underwriting Association, in No. 84-1462Court of Appeals for the Third Circuit · 1985