Legal Opinion
Pennsylvania Casualty Co. v. Thornton
District Court, N.D. Alabama
Decided June 22, 1945No. 5603PublishedCited by 3 opinions
1Opinion of the Court
MULLINS, District Judge.
This is an action for declaratory judgment. The matter is before the Court and was submitted upon two separate motions of the defendants, (1) to dismiss the complaint for failure to state a claim and (2) for summary judgment on that aspect of the complaint seeking a declaration to the effect that the plaintiff is not subject to suit until the defendants have first obtained judgment against its insured.
On December 20, 1943, there was a collision between a taxicab operated by Whitman’s Black & White Cab Company, Inc. (plaintiff’s insured) in which the defendant, Mrs.…
2Cases cited15 opinions
- Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
- American Automobile Ins. Co. v. FreundtCourt of Appeals for the Seventh Circuit · 1939
- Carbide & Carbon Chemicals Corp. v. United States Industrial Chemicals, Inc.Court of Appeals for the Fourth Circuit · 1944
- Maryland Casualty Co. v. Boyle Const. Co.Court of Appeals for the Fourth Circuit · 1941
- Tennessee Coal, Iron & R. Co. v. Muscoda Local No. 123, Etc.Court of Appeals for the Fifth Circuit · 1943
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3Cited by3 opinions
- Hoosier Cas. Co. of Indianapolis, Ind. v. FoxDistrict Court, N.D. Iowa · 1952
- Coral Gates Properties v. HodesSupreme Court of Florida · 1952
- M & E LAND COMPANY v. SiegelDistrict Court of Appeal of Florida · 1965