Legal Opinion

McCel Benjamin v. Plains Insurance Company

Court of Appeals for the Fifth Circuit

Decided July 10, 1981No. 80-2361PublishedCited by 13 opinions

1Per curiam

McCel Benjamin filed suit to recover an $18,000 judgment against defendant insurance company under an automobile liability insurance policy issued by the company to Douglas Carl Largin. The case was tried on stipulated facts.

Douglas Largin was employed by Utter-Barks Ford, Inc. in Sherman, Texas, as the sales manager for new and used cars. He was furnished a 1975 Ford station wagon to be used as a “demonstrator”. He was allowed to drive it to and from work. But it was understood between Largin and the dealer that it was not to be used for personal business. Plains was the liability insurer of…

2Cases cited3 opinions

  1. Johnson v. Home Indemnity CompanyCourt of Appeals of Texas · 1966
  2. Neal v. United States Fire Insurance CompanyCourt of Appeals of Texas · 1968
  3. International Service Insurance Co. v. WaltherCourt of Appeals of Texas · 1971

3Cited by13 opinions

  1. Foster v. JohnstoneIdaho Supreme Court · 1984
  2. Crum and Forster Personal Insurance Co. v. Travelers Corp.Superior Court of Pennsylvania · 1993
  3. Hall v. Southern Farm Bureau Casualty Insurance Co.Court of Appeals of Texas · 1984
  4. Valentine v. Farmers Insurance ExchangeCourt of Appeals of Utah · 2006
  5. Allstate Insurance v. LarimerDistrict Court, D. Nevada · 2005

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