DIXIE AUTO INSURANCE COMPANY ET AL., APPELLANTS,
v.
UNITED STATES FIDELITY & GUARANTY COMPANY, APPELLEE

5th Cir. | 1968-11-26
No. 26073
403 F.2d 717 Court of Appeals for the Fifth Circuit (1968)
Cited by 1 case

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Holding

The court affirmed the district court's judgment regarding liability under two insurance policies.


Facts & Procedural History

The case involved a declaratory judgment to determine liability under family and comprehensive general automobile liability insurance policies. The di…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

This is an appeal from a declaratory judgment holding the defendant-appellant liable under a policy of family automobile liability insurance and holding that the plaintiff-appellee was not liable under a policy of comprehensive general automobile liability insurance. All issues of law and fact are fully set forth in the opinion of the United States District Court for the Northern District of Alabama, 292 F.Supp. 554.

Appellant contends that the district court did not correctly interpret the pertinent provisions of the policies under the law as it existed when this case was decided. It further contends that the case of Maryland Casualty Company v. Allstate Insurance Co., 281 Ala. 671, 207 So. 2d 657 (1968), decided by the Alabama Supreme Court subsequent to the decision of the district court further clarified the applicable law of Alabama and requires a reversal of the judgment.

We have given thorough consideration to the briefs and the cogent oral arguments advanced, and we are convinced that the case was correctly decided. Accordingly the judgment of the district court is affirmed.


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