U.S. Court of Appeals for the Fifth Circuit, 1961

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 · Decided May 12, 1961 · Rives, Jones, Brown

289 F.2d 926; 1961 U.S. App. LEXIS 4513 (Federal Reporter, Second Series)

Counsel

W. B. Patterson, Dallas, Tex., W. P. Mitchell, Tupelo, Miss., Jackson, Walker, Winstead, Cantwell & Miller, Dallas, Tex., for appellant, Lucius E. Burch, Jr., George W. Grider, Memphis, Tenn., Guy Mitchell, Jr., Dudley R. Carr, Tupelo, Miss., Burch, Porter, Johnson & Brown, Memphis, Tenn., Mitchell & McNutt, Tupelo, Miss., for appellees.

Cases that cite this one

3 later published cases cite this decision.

MacAlco, Inc. v. Gulf Insurance Co. (Mo. Ct. App. 1977)
Ranger Insurance Company v. Phillips (Ariz. Ct. App. 1976)
National Insurance Underwriters v. King Craft Custom Products, Inc. (United States District Court for the Northern District of Alabama 1973)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.