United States Fidelity & Guaranty Company v. Portage Bituminous Company

Sixth Circuit

United States Fidelity & Guaranty Company v. Portage Bituminous Company

187 F.2d 335, 1951 U.S. App. LEXIS 2251

CourtCourt of Appeals for the Sixth Circuit

DecidedFebruary 5, 1951

Docket11209

StatusPublished

This text of 187 F.2d 335 (United States Fidelity & Guaranty Company v. Portage Bituminous Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States Fidelity & Guaranty Company v. Portage Bituminous Company, 187 F.2d 335, 1951 U.S. App. LEXIS 2251 (6th Cir. 1951).

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Opinion

PER CURIAM.

In this cause, brought in the United States District Court for the Northern District of Ohio, the appellant insurance company sought a declaratory judgment against The Farm Bureau Mutual Automobile Insurance Company and the Home Indemnity Company of New York to determine their duty to defend its assured, Portage Bituminous Company, in an action brought against the assured by a railway company in the Common Pleas Court of Summit County, Ohio;

And it appearing that the motion of appellant for summary judgment was denied by the United States District Court for the reason that a declaration of the duty of the two other insurance companies to defend the state court action would involve decision upon one of the principal factual issues in the state court action;

Upon consideration of the record and the oral arguments and briefs of the attorneys in this, cause, we find that there was no abuse of discretionary power by the United States District Court in its denial of the motion for summary judgment;

Accordingly, the judgment of dismissal entered May 19, 1950, is affirmed.

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PER CURIAM.

In this cause, brought in the United States District Court for the Northern District of Ohio, the appellant insurance company sought a declaratory judgment against The Farm Bureau Mutual Automobile Insurance Company and the Home Indemnity Company of New York to determine their duty to defend its assured, Portage Bituminous Company, in an action brought against the assured by a railway company in the Common Pleas Court of Summit County, Ohio;

And it appearing that the motion of appellant for summary judgment was denied by the United States District Court for the reason that a declaration of the duty of the two other insurance companies to defend the state court action would involve decision upon one of the principal factual issues in the state court action;

Upon consideration of the record and the oral arguments and briefs of the attorneys in this, cause, we find that there was no abuse of discretionary power by the United States District Court in its denial of the motion for summary judgment;

Accordingly, the judgment of dismissal entered May 19, 1950, is affirmed.

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Bluebook (online)

187 F.2d 335, 1951 U.S. App. LEXIS 2251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-fidelity-guaranty-company-v-portage-bituminous-company-ca6-1951.