Legal Opinion
Seguros Tepeyac, S. A., Compania Mexicana De Seguros Generales v. James L. Jernigan
Court of Appeals for the Fifth Circuit
Decided May 7, 1969No. 25651_1PublishedCited by 46 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge:
We take the Erie 1 route once again to visit our old friends in Texas Juris prudence, Culberson 2 and Linkenhoger. 3 Our visit pertains to yet another twist in what is known in Texas as the Stowers doctrine, a principle established in the case of Stowers Furniture Co. v. American Indemnity Co., Tex.Com.App.1929, 15 S.W.2d 544. According to Stowers, an insurer has a duty to exercise ordinary care to protect the interest of the insured, and failure to do so renders the insurer liable for any judgment rendered against the insured, including amounts in excess of the policy…
2Cases cited42 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Bernhard v. Bank of America National Trust & Saving AssociationCalifornia Supreme Court · 1942
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- Olga Zdanok v. The Glidden Company, Durkee Famous Foods Division, Frank T. Alexander v. The Glidden Company, Durkee Famous Foods DivisionCourt of Appeals for the Second Circuit · 1964
37 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
- Aerojet-General Corp. v. AskewCourt of Appeals for the Fifth Circuit · 1975
- Nora Faye Johnson v. United StatesCourt of Appeals for the Fifth Circuit · 1978
- The Poster Exchange, Inc. v. National Screen Service Corporation, Columbia Pictures Corp.Court of Appeals for the Fifth Circuit · 1975
- Joe Reimer v. John Smith, Individually and in His Capacity as an Officer of Texas RangersCourt of Appeals for the Fifth Circuit · 1981
41 more not listed; retrieve them via the Exa API.