Legal Opinion
Thomas E. Moore, Trustee in Bankruptcy for Charley Delcoure, a Bankrupt v. United States Fidelity & Guaranty Company, a Corporation
Court of Appeals for the Tenth Circuit
Decided December 18, 1963No. 7155PublishedCited by 14 opinions
1Opinion of the Court
MURRAH, Chief Judge.
Appellee, United States Fidelity & Guaranty Company, brought this declaratory judgment action to determine its liability to the insured, Charley Delcoure, by virtue of its public liability insurance policy. The issue here, as in the trial court, is framed by the counterclaim of the Trustee in Bankruptcy for the insured, wherein he seeks to recover an amount in excess of appellee’s policy limits, on the ground that the appellee “failed, neglected and refused” to settle a certain personal injury action against the insured, within the policy limits. Federal jurisdiction rests…
2Cases cited12 opinions
- Brown v. Guarantee InsuranceCalifornia Court of Appeal · 1957
- American Fidelity & Casualty Co. v. All American Bus Lines, Inc.Court of Appeals for the Tenth Circuit · 1951
- Traders & General Ins. Co. v. Rudco Oil & Gas Co.Court of Appeals for the Tenth Circuit · 1942
- Johnson v. Hardware Mutual Casualty Co.Supreme Court of Vermont · 1938
- American Fidelity & Casualty Co., Inc. v. All American Bus Lines, IncCourt of Appeals for the Tenth Circuit · 1950
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bollinger v. NussSupreme Court of Kansas · 1969
- James Cissell, Trustee v. American Home Assurance CompanyCourt of Appeals for the Sixth Circuit · 1976
- Magnum Foods, Inc. v. Continental Casualty Co.Court of Appeals for the Tenth Circuit · 1994
- Wooten v. Central Mutual Insurance CompanyLouisiana Court of Appeal · 1966
- In Re John James Hronek, Bankrupt. Charles Silverman, Trustee v. Hartford Accident & Indemnity Co.Court of Appeals for the Sixth Circuit · 1977
9 more not listed; retrieve them via the Exa API.