Legal Opinion
Maryland Casualty Company v. Jacek
District Court, D. New Jersey
Decided October 24, 1957No. Civ. A. 138PublishedCited by 4 opinions
1Opinion of the Court
HARTSHORNE, District Judge.
This is a diversity suit for a declaratory judgment, 28 U.S.C.A. §§ 2201, 2202, brought by an insurer to have its rights and obligations determined under an automobile liability insurance policy issued by it in New Jersey to defendant, Frank Jacek, the husband of defendant, Helen Jacek, both being New Jersey residents. After the policy was issued, an accident occurred in New York to the husband’s car, while it was being driven by him, as a result of which his wife, then a passenger, was injured.
Contrary to New Jersey law, which does not permit spouses to sue each…
2Cases cited13 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Buzzone v. Hartford Accident and Indemnity Co.Supreme Court of New Jersey · 1957
- United States Mortgage & Trust Co. v. RugglesNew York Court of Appeals · 1932
- Fuchs v. London & Lancashire Indemnity Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1940
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3Cited by4 opinions
- Lewandowski v. Nat'l Grange Mut. Ins. Co.New Jersey Superior Court Appellate Division · 1977
- Duffy v. Liberty Mutual InsuranceCivil Court of the City of New York · 1968
- Federal Insurance v. McCampbellAppellate Division of the Supreme Court of the State of New York · 1998
- Licenziato v. United StatesDistrict Court, D. New Jersey · 1995