Ripepi v. American Insurance
District Court, W.D. Pennsylvania
1Opinion of the Court
DUMBAULD, District Judge.
This is a diversity1 action against an insurance company which failed to defend a suit against a policyholder for personal injuries allegedly sustained on the insured premises. A verdict of $4850.00 and counsel fees of $5500.00 (together with expenses of $110.50) are sought. Jury trial has been waived. This opinion shall be deemed to constitute findings of fact and conclusions of law.
On March 3, 1958, John Smiechowski, a truck driver, made a delivery of cigarettes to plaintiff’s place of business. This was his first delivery for the day, and there was a narrow place…
2Cases cited8 opinions
- Wade v. HunterSupreme Court of the United States · 1949
- Kepner v. United StatesSupreme Court of the United States · 1904
- Gedeon v. State Farm Mutual Automobile InsuranceSupreme Court of Pennsylvania · 1963
- St. Louis Dressed Beef & Provision Co. v. Maryland Casualty Co.Supreme Court of the United States · 1906
- Lebeck v. William A. Jarvis, Inc.Court of Appeals for the Third Circuit · 1957
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3Cited by4 opinions
- 875 Forest Ave. Corp. v. Ætna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1971
- Space Conditioning, Inc. v. Insurance Company of No. Amer.District Court, E.D. Michigan · 1968
- Bowman Steel Corp. v. Lumbermens Mutual Casualty Co.District Court, W.D. Pennsylvania · 1965
- 875 Forest Ave. Corp. v. Ætna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1971