Legal Opinion

Maryland Casualty Co. v. Cross

Court of Appeals for the Fifth Circuit

Decided May 29, 1940No. 9445PublishedCited by 6 opinions

1Opinion of the Court

SIBLEY, Circuit Judge.

John Cross, riding on a truck, struck his leg against the automobile of Kenneth E. Mason, which was standing in the twilight on the edge of the highway. Cross recovered a judgment for damages against Mason and then sued Maryland Casualty Company which had insured Mason against liability touching his automobile. The policy, however, provides: “Exclusions : This policy does not cover * * * (4) While the said automobile or automobiles are * * * (e) being used for towing or propelling any trailer or any vehicle used as a trailer * * * unless privilege for such use is…

2Cases cited5 opinions

  1. Delk v. St. Louis & San Francisco RailroadSupreme Court of the United States · 1911
  2. Coolidge v. Standard Accident InsuranceCalifornia Court of Appeal · 1931
  3. Maryland Casualty Co. v. AguayoDistrict Court, S.D. California · 1939
  4. United States Fidelity & Guaranty Co. v. BachmannAppellate Division of the Supreme Court of the State of New York · 1939
  5. Pennsylvania Indemnity Corp. v. KurtzCourt of Appeals of Maryland · 1934

3Cited by6 opinions

  1. Nationwide Mutual Insurance v. EdwardsCourt of Appeals of North Carolina · 1984
  2. Hardberger and Smylie, a Co-Partnership, and William H. Rabe v. Employers Mutual Liability Insurance Company of WisconsinCourt of Appeals for the Tenth Circuit · 1971
  3. Neas v. Home Fire & Marine InsuranceDistrict Court, N.D. Texas · 1955
  4. Buckle v. State Automobile Mutual Insurance Co. of ColumbusCourt of Appeals for the Fifth Circuit · 1953
  5. James Mortimer Buckle v. State Automobile Mutual Insurance Company Of Columbus, OhioCourt of Appeals for the Fifth Circuit · 1953

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