Legal Opinion

United States Casualty Company v. Elmer L. Schlein

Court of Appeals for the Fifth Circuit

Decided December 16, 1964No. 20884_1PublishedCited by 16 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

The question in this Texas case is whether the District Court was right in holding that false testimony given but shortly retracted by the Assured did not constitute a prejudicial breach of the cooperation clause of an automobile liability policy. We hold the Court was correct and with slight modification affirm.

Indigenous to these many-cornered Donnybrooks, this controversy was waged on several fronts. It all grows out of a collision in Beaumont, Texas, on September 4, 1961, between the car owned and operated by Schlein, the Assured, and another occupied by the…

2Cases cited19 opinions

  1. Sprague v. Ticonic National BankSupreme Court of the United States · 1939
  2. Vaughan v. AtkinsonSupreme Court of the United States · 1962
  3. Coleman v. New Amsterdam Casualty Co.New York Court of Appeals · 1928
  4. American Fidelity & Casualty Company, Inc. v. Pennsylvania Threshermen & Farmers' Mutual Casualty Insurance CompanyCourt of Appeals for the Fifth Circuit · 1960
  5. Klein v. Century LloydsTexas Supreme Court · 1955

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3Cited by16 opinions

  1. American Home Assurance Co. v. United Space Alliance, LLCCourt of Appeals for the Fifth Circuit · 2004
  2. Lyda Swinerton Builders, Inc. v. Okla. Sur. Co.Court of Appeals for the Fifth Circuit · 2018
  3. Jack Siegel v. William E. Bookhultz & Sons, Inc., St. Paul Fire and Marine Insurance Co.Court of Appeals for the D.C. Circuit · 1969
  4. American Savings v. BellDistrict Court, District of Columbia · 1981
  5. Evanston Ins. Co. v. Legacy of Life, Inc.Court of Appeals for the Fifth Circuit · 2011

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