Legal Opinion

Francis Derosa, Counter-Plaintiff v. Aetna Insurance Company, Counter-Defendant

Court of Appeals for the Seventh Circuit

Decided July 6, 1965No. 14757_1PublishedCited by 6 opinions

1Opinion of the Court

SWYGERT, Circuit Judge.

This is an appeal from a judgment in favor of counter-plaintiff Francis DeRosa against counter-defendant Aetna Insurance Company for $25,000. In a prior state court action DeRosa had recovered a judgment for this amount against Dan Serafine, the insured under a policy of casualty insurance issued by The Century Indemnity Company. In his suit against Serafine, DeRosa claimed that his back had been injured on November 20, 1957, while riding a horse owned by Serafine.

Although the accident occurred in 1957, Serafine did not inform Century until 1959 that DeRosa was…

Also in this document: Concurrence.

2Cases cited4 opinions

  1. Schneider v. Autoist Mutual InsuranceIllinois Supreme Court · 1931
  2. The Century Indemnity Company v. Dan Serafine and Francis De RosaCourt of Appeals for the Seventh Circuit · 1963
  3. Durbin ex rel. Ferdman v. LordAppellate Court of Illinois · 1946
  4. Jones ex rel. Mobley v. Manufacturer's Casualty InsuranceAppellate Court of Illinois · 1942

3Cited by6 opinions

  1. Kirk v. Home Indemnity Co.Court of Appeals for the Seventh Circuit · 1970
  2. Motorists Mut. Ins. Co. v. Johnson, Admrx.Indiana Court of Appeals · 1966
  3. Firemen's Insurance Co. v. Cadillac Insurance Co.Court of Appeals of Arkansas · 1984
  4. Jeral Kirk, Plaintiff-Garnishor-Appellant v. The Home Indemnity Company, a Corporation, Defendant-Garnishee-Appellee v. Jerome Brzozowski, Defendant-Debtor-AppelleeCourt of Appeals for the Seventh Circuit · 1970
  5. Altadis USA, Inc. v. NPR, INC.District Court, M.D. Florida · 2004

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