Legal Opinion · Dissent

Security Insurance Company of Hartford v. A. G. Wimpy and A. G. Wimpy Company, Inc.

Court of Appeals for the Fifth Circuit

Decided March 8, 1973No. 71-1839Published

1DissentRoney, Circuit Judge

I agree that the judgment of the district court should be reversed, but I would hold that the plaintiff insurance company is entitled to standard premiums only and is not entitled to collect retrospective premiums.

This is a diversity case from Georgia and should be decided under Georgia law. The only Georgia case cited to us is Travelers Indemnity Co. v. Horace F. Allison d/b/a H. F. Allison Contract Hauling, Civil Action No. K-12,658, July 15, 1968, Hall County Georgia Superior Court. Although not compelling authority, it is the only Georgia law on point *1108and is from a Georgia court located…

2Cases cited4 opinions

  1. Travelers Ins. Co. v. Jeffries-Eaves, Inc., of Colo.Supreme Court of Colorado · 1968
  2. Bituminous Casualty Corp. v. Lewis Crane Service, Inc.District Court of Appeal of Florida · 1965
  3. Bituminous Casualty Corporation v. SwartoutSupreme Court of Minnesota · 1965
  4. A. G. Wimpy v. Maryland Casualty CompanyCourt of Appeals for the Fifth Circuit · 1955

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