Legal Opinion

Carriers Insurance Company v. American Home Assurance Company, and Hartford Fire Insurance Company

Court of Appeals for the Tenth Circuit

Decided April 4, 1975No. 74-1330PublishedCited by 7 opinions

1Opinion of the Court

BREITENSTEIN, Circuit Judge.

In 1971 two youths were injured in a vehicular accident. The amount of recovery, determined after jury trial in federal court, is not attacked. In 1975 the insurance companies are still fighting over their respective liabilities. The action before us is for a declaratory judgment. Jurisdiction is based on diversity.

The 582-page record is confusing beyond belief. In the district court there was no trial and the matter was submitted on pretrial order, briefs, and oral argument. The record contains 16 exhibits without any showing how they got there. Included are a…

2Cases cited5 opinions

  1. Jenkins v. Mayflower Insurance ExchangeArizona Supreme Court · 1963
  2. Dairyland Mutual Insurance Company v. AndersenArizona Supreme Court · 1967
  3. D. M. A. F. B. Federal Credit Union v. Employers Mutual Liability InsuranceArizona Supreme Court · 1964
  4. National Union Fire Insurance v. Truck Insurance ExchangeArizona Supreme Court · 1971
  5. Prime Drilling Company, a Corporation v. Standard Accident Insurance Company, a CorporationCourt of Appeals for the Tenth Circuit · 1962

3Cited by7 opinions

  1. Westchester Fire Ins. Co. v. City of Pittsburg, Kan.District Court, D. Kansas · 1991
  2. The Western Casualty & Surety Company v. National Union Fire Insurance Company, a CorporationCourt of Appeals for the Tenth Circuit · 1982
  3. Allstate Insurance Co. v. Frank B. Hall & Co. of CaliforniaColorado Court of Appeals · 1989
  4. Chance v. Farm Bureau Mut. Ins. Co., Inc.District Court, D. Kansas · 1991
  5. St. Paul Fire & Marine Insurance v. Medical Protective Co.District Court, D. Kansas · 1980

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