Legal Opinion

American Surety Company of New York v. Harvey S. Gold and Earl O. Dearmore

Court of Appeals for the Tenth Circuit

Decided May 18, 1967No. 8225PublishedCited by 37 opinions

1Opinion of the Court

MURRAH, Chief Judge.

This garnishment proceedings brings squarely to issue the question of an insurer’s liability in the state of Kansas for a punitive damage judgment on a jury verdict against its insured.

The policy bound the American Surety Company of New York

“To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of:
“A. bodily injury, sickness or disease * * *
“B.. injury to or destruction of property * * *
“arising out of the ownership, maintenance or use of the owned automobile or any non-owned automobile, and the company shall…

2Cases cited18 opinions

  1. Scott Paper Co. v. Marcalus Manufacturing Co.Supreme Court of the United States · 1945
  2. Northwestern National Casualty Company of Milwaukee, Wisconsin v. Edward A. McNulty and Walter Scott SmithCourt of Appeals for the Fifth Circuit · 1962
  3. Messersmith v. . American Fidelity Co.New York Court of Appeals · 1921
  4. Lazenby Ex Rel. Lazenby v. Universal Underwriters InsuranceTennessee Supreme Court · 1964
  5. Laird v. Nationwide InsuranceSupreme Court of South Carolina · 1964

13 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Dayton Hudson Corp. v. American Mutual Liability Insurance Co.Supreme Court of Oklahoma · 1980
  2. Abbie Uriguen Oldsmobile Buick, Inc. v. United States Fire InsuranceIdaho Supreme Court · 1973
  3. City Products Corp. v. Globe Indemnity Co.California Court of Appeal · 1979
  4. Guardianship of the Person & Estate of Smith v. Merchants Mutual Bonding Co.Supreme Court of Kansas · 1973
  5. Hensley v. Erie Insurance Co.West Virginia Supreme Court · 1981

32 more not listed; retrieve them via the Exa API.

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