Legal Opinion
Preferred Acc. Ins. Co. v. Castellano
Court of Appeals for the Second Circuit
Decided April 24, 1945No. 261PublishedCited by 22 opinions
1Opinion of the Court
FRANK, Circuit Judge.
1. This case discloses an actual case or controversy within the Declaratory Judgment Act, 28 U.S.C.A. § 400. See Maryland Casualty Co. v. Pacific Coal and Oil Co., 312 U.S. 270, 61 S.Ct. 510, 85 L.Ed. 826.
2. The policy is expressly made “subject to the * * * conditions * * * of this policy.” One of its “conditions” reads, “When an accident occurs, written notice shall be given by or on behalf of the insured to the company, or one of its authorized agents, as soon as practicable.” The letter of March 25, 1943 from Miss Chapman’s lawyer advised the lajindry company of the…
2Cases cited6 opinions
- Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
- Coleman v. New Amsterdam Casualty Co.New York Court of Appeals · 1928
- Rochon v. Preferred Accident InsuranceSupreme Court of Connecticut · 1934
- Curran v. Connecticut Indemnity Co.Supreme Court of Connecticut · 1941
- Baker v. Metropolitan Casualty InsuranceSupreme Court of Connecticut · 1934
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Henderson v. Hawkeye-Security Insurance CompanySupreme Court of Iowa · 1960
- The Greyhound Corporation v. Excess Insurance Company of AmericaCourt of Appeals for the Fifth Circuit · 1956
- Hallman v. Marquette Casualty CompanyLouisiana Court of Appeal · 1963
- McFarlane v. Merit Insurance Co.Appellate Court of Illinois · 1978
- Zieba v. Middlesex Mutual Assurance Co.District Court, D. Connecticut · 1982
17 more not listed; retrieve them via the Exa API.