Ryan v. Occidental Petroleum Corp.
Ryan v. Occidental Petroleum Corp.
Opinion of the Court
This truth-in-lending case presents facts virtually identical to those in Edmondson v. Allen-Russell Ford, Inc., 577 F.2d 291 (5th Cir. 1978), decided today, and is controlled by our disposition of that case.
The decision of the district court must be reversed. We remand for consideration of statutory damages and reasonable attorney’s fees.
REVERSED and REMANDED.
. We have considered appellee’s argument that plaintiff “is estopped to raise” the § 226.8(b)(5) issue and find it without merit.
. Paragraph 6, found on the reverse side of the document, provides in full:
Buyer agrees to keep the property insured at Buyer’s expense against substantial risk of damage, destruction, or loss for so long as any amount remains unpaid on this contract, with loss payable to the Seller as its interest may appear, and that Buyer will deliver all such insurance policies upon receipt to the holder of this contract. Buyer shall not be relieved of the obligation, to procure and maintain vehicle insurance due to the inclusion of same in the contract, but such inclusion only authorizes Seller to attempt to obtain such insurance on Buyer’s behalf through an authorized insurance agent. If Seller fails to procure such insurance the amount so included in the Total of Payments payable hereunder shall be credited to the last maturing instalments hereunder in inverse order of maturity, except to the extent applied by Seller toward payment for comparable insurance protecting the interest of Buyer and Seller or Seller Only. Upon cancellation or other termination of any vehicle insurance, the refund of premiums received by Seller will be credited or applied in a like manner. Seller may, but shall not be required to, and without prejudice to Seller’s rights under this contract if it does not procure such vehicle insurance protecting (i) interest of Buyer and Seller or (ii) interest of Seller only, if Buyer fails to procure or maintain such vehicle insurance or fails to furnish satisfactory evidence thereof upon request. In such event, Buyer agrees to pay, as an
. Paragraph 13 provides in full:
Security Interest. Seller shall have a Security Interest, as the term is defined in the Uniform Commercial Code of the state in which this contract is executed, in the property [a new 1975 Dodge Coronet] until all amounts due under this contract are paid in full.
Reference
- Full Case Name
- John F. RYAN v. OCCIDENTAL PETROLEUM CORPORATION
- Cited By
- 80 cases
- Status
- Published