Legal Opinion

Milburn v. Federated Mutual Implement & Hardware Insurance Co.

Supreme Court of Oklahoma

Decided February 9, 1960No. 38609PublishedCited by 7 opinions

1Opinion of the Court

JOHNSON, Justice.

This action was commenced by R. Kenneth Milburn, d/b/a Ken Milburn Ford, against the Federated Mutual Implement and Hardware Insurance Company of Owa-tonna, Minnesota, to recover for the claimed loss of an automobile allegedly covered by the company’s policy.

The amended petition alleged payment of the premium and issuance of a policy to plaintiff which, among other things, con tained an exclusion clause. This exclusion clause provided:

“The Policy Does Not Apply: Under any coverage — to loss resulting from either the insured voluntarily parting with title and possession of any…

2Cases cited11 opinions

  1. Ætna Life Insurance v. PadgettCourt of Appeals of Georgia · 1934
  2. Wheeler v. Fidelity & Casualty Co.Supreme Court of Georgia · 1907
  3. Jacobson v. Aetna Casualty & Surety Co.Supreme Court of Minnesota · 1951
  4. Penn Mutual Life Insurance Co. v. ChildsCourt of Appeals of Georgia · 1941
  5. Pacific Indemnity Co. v. HarrisonCourt of Appeals of Texas · 1955

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Lester v. SparksSupreme Court of Oklahoma · 1978
  2. Outwest Bean, Inc. v. NATIONAL F. INS. CO. OF HARTFORDColorado Court of Appeals · 1973
  3. Aetna Insurance Company v. KaplanSupreme Court of Virginia · 1965
  4. Mann v. State Farm Mutual Automobile Insurance Co.Supreme Court of Oklahoma · 1985
  5. Waters Motor Co. v. Grain Dealers Mutual InsuranceWisconsin Supreme Court · 1961

2 more not listed; retrieve them via the Exa API.

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