Legal Opinion
Crist v. Sharp Electric, Inc.
Court of Appeals for the Fifth Circuit
Decided June 20, 1989No. Nos. 88-3508, 88-3769PublishedCited by 3 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
In this diversity case, when the insurer was declared insolvent, the insureds owed the insurer some $194,000 in unpaid premiums. The insurer, however, because of insolvency, failed to defend claims after the date of insolvency. The insureds refused to pay the insurer’s receiver on grounds that the insurer’s failure to defend was a breach of the contract, relieving the insureds of any further obligation under the contract. The district courts upheld the appellees’ contention under principles of general contract law. We reverse because the Louisiana insurance…
2Cases cited3 opinions
- Smith v. Cajun Insulation, Inc.Supreme Court of Louisiana · 1980
- Pennington v. DrewsSupreme Court of Louisiana · 1949
- Page v. MarcelLouisiana Court of Appeal · 1950
3Cited by3 opinions
- United States for the Use and Benefit of Bernard Lumber Company, Inc. v. Lanier-Gervais Corporation, the Louisiana Insurance Guaranty AssociationCourt of Appeals for the Fifth Circuit · 1990
- Crist v. Benton Casing ServiceLouisiana Court of Appeal · 1990
- Lewis R. Crist, Director, Division of Insurance, Department of Economic Development, State of Missouri, Acting as a Domiciliary Receiver of Transit Casualty Co. In Liquidation v. Sharp Electric, Inc., Lewis R. Crist, Director, Division of Insurance, Department of Economic Development, State of Missouri, Acting as a Domiciliary Receiver of Transit Casualty Co. In Liquidation v. Drake Concrete Co. Of Belle Chasse, Inc.Court of Appeals for the Fifth Circuit · 1989