Legal Opinion

Charles C. Harbin and Patricia A. Harbin v. Assurance Company of America, a Corporation

Court of Appeals for the Tenth Circuit

Decided August 30, 1962No. 6988_1PublishedCited by 37 opinions

1Opinion of the Court

BREITENSTEIN, Circuit Judge.

In this declaratory judgment action brought by appellee Assurance Company of America (insurer) the question is whether the insurer is obligated to defend an action brought against appellants (insureds) to recover damages for an assault. The trial court held for the insurer on the ground that the policy afforded no coverage. This appeal followed. Jurisdiction is based on diversity.

Insurer issued to insureds a policy providing personal liability coverage whereby the insurer agreed to pay “all sums which the insured shall become legally obligated to pay as damages…

2Cases cited11 opinions

  1. Hickman v. TaylorSupreme Court of the United States · 1947
  2. Farm Bureau Mut. Automobile Ins. Co. v. HammerCourt of Appeals for the Fourth Circuit · 1949
  3. Blazer v. BlackCourt of Appeals for the Tenth Circuit · 1952
  4. Hardware Mut. Casualty Co. v. HilderbrandtCourt of Appeals for the Tenth Circuit · 1941
  5. Albuquerque Gravel Products Company, No Stockholders' Liability, a New Mexico Corporation v. American Employers Insurance Company, a CorporationCourt of Appeals for the Tenth Circuit · 1960

6 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Maryland Casualty Co. v. PeppersIllinois Supreme Court · 1976
  2. Brohawn v. Transamerica InsuranceCourt of Appeals of Maryland · 1975
  3. Thornton v. PaulIllinois Supreme Court · 1978
  4. Terrio v. McDONOUGH HARTFORD FIRE INS. CO.Massachusetts Appeals Court · 1983
  5. EMPLOYERS'FIRE INSURANCE COMPANY v. BealsSupreme Court of Rhode Island · 1968

32 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API