Legal Opinion
Harriet Berger v. State Farm Mutual Automobile Insurance Company
Court of Appeals for the Tenth Circuit
Decided May 24, 1961No. 6509_1PublishedCited by 20 opinions
1Opinion of the Court
MURRAH, Chief Judge.
In this diversity-negligence suit, plaintiff-appellant appeals from the judgment of the trial court dismissing her claim against defendant insurance company on the grounds that she had elected in a pri- or suit to pursue an inconsistent remedy.
The material facts are that plaintiff sued a third party, Berdell, for injuries resulting from an automobile collision allegedly caused by the negligence of Berdell. In her answer Berdell pleaded a written release of all claims of liability, signed by plaintiff .at the instigation of appellee-insurer who carried the insurance…
2Cases cited18 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
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3Cited by20 opinions
- Myzel v. FieldsCourt of Appeals for the Eighth Circuit · 1967
- Estate Counseling Service, Inc., a Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Incorporated, a CorporationCourt of Appeals for the Tenth Circuit · 1962
- L. Lobos Renewable Power, LLC v. AmeriCulture, Inc.Court of Appeals for the Tenth Circuit · 2018
- Fed. Sec. L. Rep. P 94,357 Bertha Arber and Ann Arber Broek, Cross-Appellees v. Essex Wire Corporation and Walter F. Probst, Cross-AppellantsCourt of Appeals for the Sixth Circuit · 1974
- Griffith v. Stout Remodeling, Inc.Supreme Court of Kansas · 1976
15 more not listed; retrieve them via the Exa API.