Legal Opinion

Dow Chemical Company v. Royal Indemnity Company, R. B. Butler, Incorporated

Court of Appeals for the Fifth Circuit

Decided January 26, 1981No. 79-2314PublishedCited by 40 opinions

1Opinion of the Court

TATE, Circuit Judge:

Jurisdiction is based on diversity, with Texas substantive law governing. At issue is liability for a loss of some three hundred thousand dollars resulting from the collapse of a structure under construction. The present appeal arises from the dismissal of a cross-action in this suit. By it, R. B. Butler, Incorporated, sued Royal Indemnity Company to recover proceeds on an “all risks” builder’s risk insurance policy issued to Butler by Royal that covered the construction of a thin-shell concrete dome, which collapsed before completion. The factual causes of the collapse…

2Cases cited11 opinions

  1. Glover v. National Insurance UnderwritersTexas Supreme Court · 1977
  2. Ramsay v. Maryland American General Insurance Co.Texas Supreme Court · 1976
  3. Hardware Dealers Mutual Insurance Co. v. BerglundTexas Supreme Court · 1965
  4. Morrison Grain Company, Inc., a Corporation v. Utica Mutual Insurance Company, a CorporationCourt of Appeals for the Fifth Circuit · 1980
  5. The Aetna Casualty and Surety Company v. Harold C. Yates and Eleanor Catherine YatesCourt of Appeals for the Fifth Circuit · 1965

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

3Cited by40 opinions

  1. Trinity Industries, Inc. v. Insurance Company of North AmericaCourt of Appeals for the Fifth Circuit · 1990
  2. Mattis v. State Farm Fire & Casualty Co.Appellate Court of Illinois · 1983
  3. Standard Structural Steel Co. v. Bethlehem Steel Corp.District Court, D. Connecticut · 1984
  4. Ingersoll-Rand Financial Corp. v. Employers Insurance of Wausau, a Mutual Co.Court of Appeals for the Fifth Circuit · 1985
  5. Ingenco Holdings, LLC v. Ace American Insurance CompanyCourt of Appeals for the Ninth Circuit · 2019

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

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