Legal Opinion
Walter Lomax, Sr., Administrator of the Estate of Walter Lomax, Jr. v. Nationwide Mutual Insurance Company
Court of Appeals for the Third Circuit
Decided May 18, 1992No. 91-3694PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
ROSENN, Circuit Judge.
This diversity suit raises a question of first impression under the laws of Delaware relating to the right of a motorist to recover from his uninsured motorist (UM) carrier, notwithstanding a prior receipt of benefits from another source. Appellant Walter Lomax, Sr. instituted an action as administrator of his decedent son’s estate in the United States District Court for the District of Delaware against Nationwide Mutual Insurance Company (Nationwide) seeking recovery of UM benefits. Lomax filed a motion for partial summary judgment claiming the right…
2Cases cited16 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- United States v. AdamsCourt of Appeals for the Third Circuit · 1985
- Frank v. Horizon Assurance Co.Supreme Court of Delaware · 1989
- Yarrington v. ThornburgSupreme Court of Delaware · 1964
- Edward Rabatin v. Columbus Lines, Inc. And Union Carbide Corporation. Appeal of Columbus Lines, IncCourt of Appeals for the Third Circuit · 1986
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Beverly P. Davis, Wife Of/and Willie Earl Davis v. Odeco, Inc., Murphy Exploration & Production Company, Originally Sued as Odeco, Inc.Court of Appeals for the Fifth Circuit · 1994
- Johnson Ex Rel. Johnson v. General Motors Corp.West Virginia Supreme Court · 1993
- Ferris v. Pennsylvania Federation Brotherhood of Maintenance of Way EmployeesDistrict Court, E.D. Pennsylvania · 2001
- Miller v. State Farm Mutual Automobile InsuranceSupreme Court of Delaware · 2010
- Bradford v. Bruno's, Inc.Court of Appeals for the Eleventh Circuit · 1995
11 more not listed; retrieve them via the Exa API.