Legal Opinion
Massachusetts Bonding & Insurance v. Car & General Insurance
District Court, E.D. Pennsylvania
Decided June 28, 1957No. Civ. A. 19139PublishedCited by 30 opinions
1Opinion of the Court
KRAFT, District Judge.
The question for determination under the unusual facts of this case is whether, under Pennsylvania law, an insurer is entitled to recover from a co-insurer of the same risk a proportionate part of the payment made by the former in settlement of a claim for which no suit had been brought against the common insured, when the co-insurer had falsely denied the existence of its coverage.
At the close of the evidence in the trial to the court without a jury, counsel expressly waived the necessity of specific findings of fact under Fed.Rules Civ.Proc., Rule 52(a), 28 U.S.C. The…
2Cases cited18 opinions
- St. Louis Dressed Beef & Provision Co. v. Maryland Casualty Co.Supreme Court of the United States · 1906
- Commercial Standard Ins. Co. v. American Employers Ins. CoCourt of Appeals for the Sixth Circuit · 1954
- Parker v. RodgersSuperior Court of Pennsylvania · 1936
- United States Guarantee Co. v. Liberty Mutual InsuranceWisconsin Supreme Court · 1943
- Queen Ins. Co. of America v. Meyer Milling Co.Court of Appeals for the Eighth Circuit · 1930
13 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Continental Casualty Co. v. Zurich InsuranceCalifornia Supreme Court · 1961
- Employers Mutual Liability Insurance v. Pacific Indemnity Co.California Court of Appeal · 1959
- United States Fidelity & Guaranty Co. v. National Paving & Contracting Co.Court of Appeals of Maryland · 1962
- Svetz for Svetz v. Land Tool Co.Supreme Court of Pennsylvania · 1986
- Aetna Casualty & Surety Co. v. Certain Underwriters at Lloyds of LondonCalifornia Court of Appeal · 1976
25 more not listed; retrieve them via the Exa API.