Fireman's Fund Insurance Company v. Mrs. Dorothy F. McDaniel Administratrix of the Estate of T. H. McDaniel Deceased

Fifth Circuit

Fireman's Fund Insurance Company v. Mrs. Dorothy F. McDaniel Administratrix of the Estate of T. H. McDaniel Deceased

289 F.2d 926, 1961 U.S. App. LEXIS 4513

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 12, 1961

Docket18707

StatusPublished

Cited by3 cases

This text of 289 F.2d 926 (Fireman's Fund Insurance Company v. Mrs. Dorothy F. McDaniel Administratrix of the Estate of T. H. McDaniel Deceased) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fireman's Fund Insurance Company v. Mrs. Dorothy F. McDaniel Administratrix of the Estate of T. H. McDaniel Deceased, 289 F.2d 926, 1961 U.S. App. LEXIS 4513 (5th Cir. 1961).

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Opinion

PER CURIAM.

This is an appeal from a declaratory judgment in which the District Court held that the aircraft liability policy protects the Assureds in connection with the occurrence of September 13, 1959, when the insured plane crashed. The facts are set forth in the opinion of the District Court, Fireman's Fund Insurance Company v. McDaniel, et al., N.D.Miss.1960, 187 F.Supp. 614. For the reasons set out in the Court’s opinion, we agree that the policy affords protection as to this occurrence. This makes it unnecessary for us to express approval or disapproval of the alternative holding in paragraph (17), 187 F.Supp. 614 at 618, that the absence of proof of causal connection prevents the exclusion being, used to avoid coverage.

Affirmed.

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PER CURIAM.

This is an appeal from a declaratory judgment in which the District Court held that the aircraft liability policy protects the Assureds in connection with the occurrence of September 13, 1959, when the insured plane crashed. The facts are set forth in the opinion of the District Court, Fireman's Fund Insurance Company v. McDaniel, et al., N.D.Miss.1960, 187 F.Supp. 614. For the reasons set out in the Court’s opinion, we agree that the policy affords protection as to this occurrence. This makes it unnecessary for us to express approval or disapproval of the alternative holding in paragraph (17), 187 F.Supp. 614 at 618, that the absence of proof of causal connection prevents the exclusion being, used to avoid coverage.

Affirmed.

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289 F.2d 926, 1961 U.S. App. LEXIS 4513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/firemans-fund-insurance-company-v-mrs-dorothy-f-mcdaniel-administratrix-ca5-1961.

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