Legal Opinion

Bernstein v. Nationwide Mutual Insurance

Court of Appeals for the Fourth Circuit

Decided April 24, 1972No. Nos. 14949-14951Published

1Opinion of the Court

ORDER

The court having granted rehearing in banc, and the opinions of the panel heretofore filed having been withdrawn, the order of the lower court, 313 F.Supp. 890, is affirmed by an equally divided court.

ALBERT V. BRYAN, Circuit Judge:

Severe injuries were suffered by Leo Bernstein on December 2, 1967 in a collision in the District of Columbia involving a 1964 Ford pick-up truck driven by Roy Stephens. Nationwide Mutual Insurance Company was insurer of the truck under a policy issued in the name of Richard Hurtt but also covering Stephens as a permissive driver. With jurisdiction based on…

2Cases cited10 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Barrera v. State Farm Mutual Automobile InsuranceCalifornia Supreme Court · 1969
  3. Smith v. KauffmanSupreme Court of Virginia · 1971
  4. Surratt, Adm'r v. ThompsonSupreme Court of Virginia · 1971
  5. American Auto. Ins. Co. v. FulcherCourt of Appeals for the Fourth Circuit · 1953

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