Gilkey v. Andrew Weir Insurance
Court of Appeals for the Ninth Circuit
1Opinion of the Court
MERRILL, Circuit Judge.
Two insurance companies, each having insured the same risk, here litigate the question as to which is obliged to assume the liability of the insured for damages resulting from an automobile accident. Jurisdiction is conferred by diversity of citizenship.
Ellis, the owner of a truck, leased the truck to Chapman Manufacturing Company of Corvallis, Oregon. By the terms of his lease Ellis agreed to furnish the truck, a driver and public liability insurance in the sum of $50,000. The insurance was secured by Ellis through Colonial Insurance Company of California as primary…
2Cases cited7 opinions
- Lamb-Weston, Inc. v. Oregon Automobile InsuranceOregon Supreme Court · 1959
- Oregon Auto. Ins. Co. v. United States Fidelity & Guaranty Co.Court of Appeals for the Ninth Circuit · 1952
- Cimarron Insurance v. Travelers InsuranceOregon Supreme Court · 1960
- General Accident Fire & Life Assurance Corporation Ltd., a Corporation v. Continental Casualty Company, a CorporationCourt of Appeals for the Ninth Circuit · 1961
- Williams v. Steamship Mutual Underwriting Ass'nWashington Supreme Court · 1954
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- In Re New England Fish CompanyCourt of Appeals for the Ninth Circuit · 1984
- Federal Insurance v. Atlantic National InsuranceNew York Court of Appeals · 1969
- Hardware Dealers Mutual Fire Insurance Co. v. Farmers Insurance ExchangeTexas Supreme Court · 1969
- Marwell Construction, Inc. v. Underwriters at Lloyd's, LondonAlaska Supreme Court · 1970
- Atlantic Mutual Insurance Company, Cross-Appellant v. Truck Insurance Exchange, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1986
26 more not listed; retrieve them via the Exa API.