Legal Opinion

Martindale Lumber Company v. Bituminous Casualty Corporation

Court of Appeals for the Fifth Circuit

Decided September 10, 1980No. 79-1343PublishedCited by 7 opinions

1Opinion of the Court

TATE, Circuit Judge:

This suit is by a policyholder (Martindale) against its insurer (Bituminous). The district court held Bituminous liable for certain amounts due Martindale because of the insurer’s refusal to defend and pay a tort claim made against Martindale by a person injured in an accident within the coverage of the Bituminous comprehensive general liability policy issued to Martin- dale. 1 The defendant appeals, contending that the injury and the off-premise accident fell within a Completed Operations or a Products hazard, as defined by the insurance contract, and by it expressly…

2Cases cited10 opinions

  1. Republic National Life Insurance Co. v. SpillarsTexas Supreme Court · 1963
  2. U. S. Sanitary Specialties Corp. v. Globe Indemnity Co.Court of Appeals for the Seventh Circuit · 1953
  3. Pan American Insurance Co. v. Cooper Butane Co.Texas Supreme Court · 1957
  4. Reed Roller Bit Co. v. Pacific Employers Ins. CoCourt of Appeals for the Fifth Circuit · 1952
  5. New Amsterdam Casualty Company v. Curtis Ellzey, Sr.Court of Appeals for the Fifth Circuit · 1957

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

3Cited by7 opinions

  1. International Insurance Co., a Corporation v. Alfred M. Johns, James W. McFadden Thomas v. Ogletree, Richard W. Sherman, and G. Paul WhortonCourt of Appeals for the Eleventh Circuit · 1989
  2. Claussen v. Aetna Casualty & Surety Co.District Court, S.D. Georgia · 1987
  3. Judith Sekel v. Aetna Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1983
  4. Louisiana ex rel. Department of Transportation & Development v. Louisiana Towing Co.Court of Appeals for the Fifth Circuit · 1982
  5. Container Supply Co. v. Fireman's Fund InsuranceDistrict Court, D. Kansas · 1989

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API