Legal Opinion

Harry Spence and Nancy Spence Fortner v. Omaha Indemnity Insurance Company

Court of Appeals for the Fifth Circuit

Decided August 2, 1993No. 92-7257PublishedCited by 52 opinions

1Opinion of the Court

POLITZ, Chief Judge:

Omaha Indemnity Insurance Company appeals an adverse judgment on verdict in this action by Harry Spence and Nancy Fortner' which raises both ex contractu and ex delicto claims. We affirm.

Background

Spence and Fortner, then husband and wife, purchased a Standard Flood Insurance Policy (SFIP) from Omaha, through sales agent Whitney-Vaky, Inc. Omaha provides flood insurance through the National Flood Insurance Program (NFIP) under an agreement with the Federal Emergency Management Agency (FEMA), which authorizes it to operate as a “Write-Your-Own” (WYO) insurance company. 1 On…

2Cases cited10 opinions

  1. Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
  2. Williams v. KhalafTexas Supreme Court · 1990
  3. West v. HarrisCourt of Appeals for the Fifth Circuit · 1978
  4. Sanford J. Berger v. Samuel R. PierceCourt of Appeals for the Sixth Circuit · 1991
  5. ECC Parkway Joint Venture v. Baldwin, Texas Court of Appeals, 5th District (Dallas)1989

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

3Cited by52 opinions

  1. Wright v. Allstate InsuranceCourt of Appeals for the Fifth Circuit · 2005
  2. Campo v. Allstate InsuranceCourt of Appeals for the Fifth Circuit · 2009
  3. Edgar Allen Gibson and Leslie Gibson v. American Bankers Insurance CompanyCourt of Appeals for the Sixth Circuit · 2002
  4. C.E.R. 1988, Inc. v. The Aetna Casualty and Surety CompanyCourt of Appeals for the Third Circuit · 2004
  5. Gallup v. Omaha Property & Casualty InsuranceCourt of Appeals for the Fifth Circuit · 2005

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

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