Legal Opinion

Matthew Eason v. George L. Weaver v. Reserve Insurance Company, Garnishee-Appellant

Court of Appeals for the Fifth Circuit

Decided August 22, 1977No. 75-2056PublishedCited by 17 opinions

1Opinion of the Court

RONEY, Circuit Judge:

In this diversity garnishment case, Matthew Eason, a passenger injured in an automobile accident, who obtained a judgment against the driver, seeks recovery from the driver’s liability insurer. The insurance company, relying on policy exclusions, denies coverage on two grounds: (1) the driver was under the influence of intoxicants at the time of the accident, and (2) the passenger was carried for consideration. The district court entered summary judgment for Eason on both issues, holding first, a finding of no intoxication in the prior lawsuit against the driver precluded…

2Cases cited15 opinions

  1. Powell v. BerrySupreme Court of Georgia · 1916
  2. Sumner v. SumnerSupreme Court of Georgia · 1938
  3. Public National Insurance Co. v. WheatCourt of Appeals of Georgia · 1959
  4. Freeman v. MartinCourt of Appeals of Georgia · 1967
  5. Stukes v. TrowellCourt of Appeals of Georgia · 1969

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

3Cited by17 opinions

  1. Arkwright-Boston Manufacturers Mutual Insurance Company v. Aries Marine CorporationCourt of Appeals for the Fifth Circuit · 1991
  2. Avondale Shipyards, Inc., Cross-Appellant v. Insured Lloyd's, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1986
  3. Johnson v. Allstate Ins. Co.Supreme Court of Alabama · 1987
  4. Scurlock v. City of Lynn HavenCourt of Appeals for the Eleventh Circuit · 1988
  5. Henry A. Scurlock v. City Of Lynn HavenCourt of Appeals for the Eleventh Circuit · 1988

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

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