Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

SAINT PAUL-MERCURY INDEMNITY CO. v. HEFLIN

January 19, 1956

SAINT PAUL-MERCURY INDEMNITY COMPANY, A CORPORATION, PLAINTIFF,
v.
WALTER HEFLIN, DEFENDANT.



The opinion of the court was delivered by: John E. Miller, District Judge.

On January 16, 1956, this case was tried to the Court, without a jury, and at the conclusion of the trial the Court took the case under advisement pending receipt of citations of authorities from the attorneys for the respective parties. The citations of authorities have been received, and the Court, having considered the pleadings, ore tenus testimony of the witnesses, stipulations, exhibits, and citations of authorities, now makes and files herein its Findings of Fact and Conclusions of Law, separately stated.

Findings of Fact.

1. Plaintiff is a Delaware corporation and is licensed to do and is doing business in the State of Arkansas.

The defendant is a citizen of the State of Arkansas and resides in Fayetteville, Arkansas.

The amount in controversy, exclusive of interest and costs, exceeds the sum of $3,000.

2. On November 2, 1954, plaintiff issued a policy of automobile liability insurance to the defendant, Walter (W.W.) Heflin, covering a 1941 Chevrolet club coupe. This policy was in full force and effect at all times material herein.

Limits of liability stated in the policy are: (1A) bodily injury liability, $10,000 each person, (A) $20,000 each accident; (B) property damage liability, $5,000 each accident.

Among other things the policy contains the following provisions:

    "Section II. Defense, Settlement, Supplementary
  Payments.
    "As respects the insurance afforded by the other
  terms of this Policy under Coverages A and B the
  Company shall:
    "(a) defend any suit against the Insured alleging
  such injury, sickness, disease or destruction and
  seeking damages on account thereof, even if such suit
  is groundless, false or fraudulent; * * *"
    "Section IV. Automobile Defined, Trailers, Two or
  More Automobiles (Including Automatic Insurance).
    "(a) Automobile. Except where stated to the
  contrary, the word `automobile' means:
    "(1) Described Automobile — the motor vehicle
  or trailer described in this Policy;
    "(3) Temporary Substitute Automobile — under
  Coverages A, B and C, an automobile not owned by the
  Named Insured while temporarily used as the
  substitute for the described automobile while
  withdrawn from normal use because of its breakdown,
  repair, servicing, loss or destruction; * * *
    "Section V. Use of Other Automobiles. If the Named
  Insured is an individual who owns the automobile
  classified as `pleasure and business' or husband and
  wife either or both of whom own said automobile, such
  insurance as is afforded by this Policy for bodily
  injury liability, for property damage liability and
  for medical payments with respect to said ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.