Legal Opinion
Home Fire & Marine Insurance Company v. Julius B. Tisdale, Johnny M. Phillips and Herman F. McMahon
Court of Appeals for the Fourth Circuit
Decided May 10, 1962No. 8551_1PublishedCited by 2 opinions
1Opinion of the Court
ALBERT V. BRYAN, Circuit Judge.
The application of Johnny M. Phillips for an automobile liability policy in South Carolina with the Home Fire & Marine Insurance Company represented that his driver’s license had never been suspended, when in truth, as the insured concedes, it had been. Exoneration from responsibility under the policy was sought on this ground by the insurer in a declaratory judgment action.
The insured answered that the insurer’s agent had been told of the suspension when he took the application, and the company is now estopped to repudiate the contract. The insurer traverses…
2Cases cited21 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Huestess v. South Atlantic Life Ins.Supreme Court of South Carolina · 1911
- Gandy v. Orient InsuranceSupreme Court of South Carolina · 1898
- Johnson v. New York Life Insurance Co.Supreme Court of South Carolina · 1932
- E. A. Adriaenssens v. Allstate Insurance Company, Marie Epperson v. Allstate Insurance CompanyCourt of Appeals for the Tenth Circuit · 1958
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3Cited by2 opinions
- Simmons v. ATLANTIC COAST LINE RAILROAD COMPANYDistrict Court, E.D. South Carolina · 1964
- Southern General Factors, Inc. v. Parker Concrete Pile Co.District Court, E.D. South Carolina · 1964