Legal Opinion
American Fidelity & Casualty Company, Inc. v. Pennsylvania Threshermen & Farmers' Mutual Casualty Insurance Company
Court of Appeals for the Fifth Circuit
Decided July 6, 1960No. 18074PublishedCited by 153 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
This is another, and undoubtedly not the last, of those cases of which we have many, 1 in which one insurer having the good fortune to find some other insurer who has written a policy for someone else attempts to engraft itself upon the contract to which it was not a party in the hopes that what it bound itself to do, it need not perform. The result, if successful, is that its contractee, the assured, must look elsewhere for the promised protection.
Streamlining the facts greatly simplifies the problem. 2 Clay was a certificated motor carrier owning a fleet of…
2Cases cited32 opinions
- Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
- Alabama State Federation of Labor v. McAdorySupreme Court of the United States · 1945
- Indianapolis v. Chase Nat. BankSupreme Court of the United States · 1941
- G. A. Stowers Furniture Co. v. American Indemnity Co.Texas Supreme Court · 1929
- Eccles v. Peoples Bank of Lakewood VillageSupreme Court of the United States · 1948
27 more not listed; retrieve them via the Exa API.
3Cited by153 opinions
- Continental Casualty Co. v. Zurich InsuranceCalifornia Supreme Court · 1961
- Harvey Thomas Smoot, Jr. v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962
- D/S Ove Skou v. HebertCourt of Appeals for the Fifth Circuit · 1966
- Allstate Insurance Company, an Illinois Corporation v. The Employers Liability Assurance Corp., Ltd., and United States Fidelity and Guaranty Co.Court of Appeals for the Fifth Circuit · 1971
- Brown & Root, Inc. v. Big Rock CorporationCourt of Appeals for the Fifth Circuit · 1967
148 more not listed; retrieve them via the Exa API.