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

U.S. Court of Appeals for the 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 (5th Cir. 1961)
1961 U.S. App. LEXIS 4513

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

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.

Reference

Full Case Name
FIREMAN’S FUND INSURANCE COMPANY, Appellant, v. Mrs. Dorothy F. McDANIEL, Administratrix of the Estate of T. H. McDaniel, Deceased, Et Al., Appellees
Cited By
3 cases
Status
Published