Legal Opinion

Hughey v. Aetna Casualty & Surety Co.

District Court, D. Delaware

Decided July 25, 1963No. Civ. A. No. 2673Published

1Opinion of the Court

LEAHY, Senior District Judge.

Plaintiff was involved in an automobile accident. He was sued and paid damages. His losses were repaid to him by the Phoenix Assurance Company of New York. Then, he brought suit against Aetna Casualty and Surety Company, alleging the car he was driving at the time of the accident was covered by Aetna. Aetna sought summary judgment, but lost.1 Aetna’s subsequent motion for dismissal was granted because plaintiff-Hughey, having been compensated for his losses, was “not the real party in interest and that Phoenix, if anyone [was] the real party in interest.”2 In…

2Cases cited7 opinions

  1. United States v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1950
  2. Parker v. County of Los AngelesSupreme Court of the United States · 1949
  3. Irmgard M. Prack v. Sherman WeissingerCourt of Appeals for the Fourth Circuit · 1960
  4. Stern & Co. v. State Loan and Finance CorporationDistrict Court, D. Delaware · 1962
  5. Catalfano v. HigginsSupreme Court of Delaware · 1962

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