Legal Opinion
Ware v. Carrom Health Care Products, Inc.
District Court, N.D. Mississippi
Decided December 19, 1989No. EC86-218-S-DPublishedCited by 4 opinions
1Opinion of the Court
OPINION
SENTER, Chief Judge.
This cause is before the court on cross motions for summary judgment. In short, “we are asked to declare the winner in a game of grammatical tug-of-war between an excess insurer and an insured over whether an excess insurance policy ‘drops down’ 1 in place of a policy issued by a now-insolvent primary insurer.” Transco Exploration Co. v. Pacific Employers Insurance Co., 869 F.2d 862 (5th Cir.1989).
I
A
The original complaint alleges that on February 1, 1984, a hospital bed manufactured by defendant Carrom Health Products, Inc., fell on plaintiff Clara Ware as she was…
2Cases cited35 opinions
- Mission National Insurance Company v. Duke Transportation Company, Inc., Duke Transportation, Inc. v. Mission National Insurance CompanyCourt of Appeals for the Fifth Circuit · 1986
- Putman v. Insurance Co. of North AmericaDistrict Court, N.D. Mississippi · 1987
- Allstate Ins. Co. v. MoultonMississippi Supreme Court · 1985
- Brander v. NaborsDistrict Court, N.D. Mississippi · 1978
- Continental Marble & Granite v. Canal Insurance CompanyCourt of Appeals for the Fifth Circuit · 1986
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3Cited by4 opinions
- Robert Ross Hocker and Waylon Cummins v. New Hampshire Insurance Company, a New Hampshire Corporation, Defendant/cross-Claim v. First State Insurance Company, a Massachusetts Corporation, Defendant/cross-Claim American International Adjustment Company, a Delaware CorporationCourt of Appeals for the First Circuit · 1991
- Revco D.S., Inc. v. Government Employees InsuranceDistrict Court, N.D. Ohio · 1991
- Hocker v. New Hampshire InsuranceCourt of Appeals for the Tenth Circuit · 1991
- Autoridad de Acueductos y Alcantarillados v. Librotex, Inc.Supreme Court of Puerto Rico · 1997