Legal Opinion

Riley T. Kelly and Annette A. Kelly v. Commercial Union Insurance Company

Court of Appeals for the Fifth Circuit

Decided July 18, 1983No. 82-4567PublishedCited by 20 opinions

1Opinion of the Court

RANDALL, Circuit Judge:

The defendant, Commercial Union Insurance Company, has appealed from the trial court’s judgment in favor of the plaintiffs, Riley and Annette Kelly, which awarded the plaintiffs fire insurance proceeds. On appeal, the defendant claims: (1) that the trial judge improperly required the defendant to prove its arson defense “beyond a shadow of a doubt;” (2) that the trial judge erred in denying the defendant’s motion to dismiss the plaintiffs’ suit for failure to join allegedly indispensable parties and in refusing to limit the defendant’s liability when the plaintiff had…

2Cases cited16 opinions

  1. Provident Tradesmens Bank & Trust Co. v. PattersonSupreme Court of the United States · 1968
  2. William M. Haas v. Jefferson National Bank of Miami Beach, and Charles H. Glueck, New PartyCourt of Appeals for the Fifth Circuit · 1971
  3. Sumrall v. Providence Washington Ins. Co.Supreme Court of Louisiana · 1952
  4. Gladys Hall Hamrick Smith, Individually and as of the Estate of Bethel T. Smith, Deceased v. State Farm Fire and Casualty CompanyCourt of Appeals for the Fifth Circuit · 1980
  5. Robert Eikel and J. E. Davey v. States Marine Lines, Inc.Court of Appeals for the Fifth Circuit · 1973

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3Cited by20 opinions

  1. Maria Vega, Eva Trevino, on Behalf of Herself and as Next Friend of Pedro Trevino v. John W. GasperCourt of Appeals for the Fifth Circuit · 1994
  2. Raskauskas v. Temple Realty Co.District of Columbia Court of Appeals · 1991
  3. Glover v. NarickWest Virginia Supreme Court · 1991
  4. Dennis v. Joubert, Plaintiff-Counter v. Travelers Indemnity Company, Defendant-CounterCourt of Appeals for the Fifth Circuit · 1984
  5. In re Chinese Manufactured Drywall Products Liability LitigationDistrict Court, E.D. Louisiana · 2011

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