Legal Opinion
Harvey Thomas Smoot, Jr. v. State Farm Mutual Automobile Insurance Company
Court of Appeals for the Fifth Circuit
Decided January 25, 1962No. 18815_1PublishedCited by 128 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
This appeal tests the correctness of the dismissal of the complaint brought by an Assured to recover from his automobile Insurer the excess of the damage suit judgment over the face amount of the policy. Concededly this was done in the face of formal allegations which satisfied, at least, the Georgia good faith test. No trial in the usual sense has yet been had, and the Insurer advanced no affidavits demonstrating that there was no genuine issue of fact. All was done on the basis of the complaint, expanded as it was by annexed exhibits which ran the full gauntlet…
2Cases cited54 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Bernhardt v. Polygraphic Co. of America, Inc.Supreme Court of the United States · 1956
- American Fidelity & Casualty Company, Inc. v. Pennsylvania Threshermen & Farmers' Mutual Casualty Insurance CompanyCourt of Appeals for the Fifth Circuit · 1960
- Hodges v. CarterSupreme Court of North Carolina · 1954
- Kerr Steamship Co. v. United StatesSupreme Court of the United States · 1962
49 more not listed; retrieve them via the Exa API.
3Cited by128 opinions
- Barbara A. Nesmith and Richard A. Nesmith v. H. D. AlfordCourt of Appeals for the Fifth Circuit · 1963
- Merritt v. Reserve InsuranceCalifornia Court of Appeal · 1973
- Cook & Nichol, Inc. v. The Plimsoll Club, Leo S. WeilCourt of Appeals for the Fifth Circuit · 1971
- Continental Insurance Co. v. Bayless & Roberts, Inc.Alaska Supreme Court · 1980
- Captain Tom Barber v. The Motor Vessel "Blue Cat", a 32' Catamaran, Her Engines, Apparel, Tackle and EquipmentCourt of Appeals for the Fifth Circuit · 1967
123 more not listed; retrieve them via the Exa API.