STEWART

v.

PENNSYLVANIA (CITY OF JEANNETTE)

Citator

Cited By

• Int'l Longshoremen's Ass'n, AFL-CIO v. Seatrain Lines, Inc., 326 F.2d 916 (2d Cir. 1964)
  ….S.C. 186.” This court therefore has power to order the entry of a declaratory judgment for the defendants, even in the absence of a formal counterclaim demanding such relief. American Cas. Co. v. Windham, 107 F. 2d 88 (5th Cir. 1939), cert, denied, 309 U.S. 674, 60 S.Ct. 714, .84 L.Ed. 1019 (1940); Penn Mut. Life Ins. Co. v. Forcier, 103 F. 2d 166 (8th Cir.), cert, denied, 308 U.S. 571, 60 S.Ct. 86, 84 L.Ed. 479 (1939).2 *8 The determination of the district court that the case presented no justiciable con…
• Traders & Gen. Ins. Co. v. Powell, 177 F.2d 660 (8th Cir. 1949)
  …milar omnibus coverage clauses, see Stovall v. New York Indemnity Co., supra, 157 Tenn. 301, 8 S.W. 2d 473, as reported in 72 A.L.R. 1375; American Casualty Co. of Reading Pa. v. Windham, 5 Cir., 107 F. 2d 88, 90, and cases cited, certiorari denied, 309 U.S. 674, 60 S.Ct. 714, 84 L.Ed. 1019. Appellant calls attention to the fact that to qualify another than the owner to be included as an “insured” the policy employs the language: “provided the actual use of the automobile is with the permission of the name…
• Aetna Cas. & Sur. Co. v. De Maison, 213 F.2d 826 (3d Cir. 1954)
  …and in such instances, the courts, in several cases cited by the textwriter, held that he is not. Thus in American Casualty Co. of Reading, Pa. v. Windham, D.C.M.D.Ga.1939, 26 F.Supp. 261, affirmed 5 Cir., 1939, 107 F. 2d 88, certiorari denied 1940, 309 U.S. 674, 60 S.Ct. 714, 84 L.Ed. 1019, the District Court specifically ruled that the insurance company was not required to pay any judgment which might be obtained against the second driver but was only required to pay the judgment against the first permitt…