[DOWNLOAD] "Truex v. Garrett Freightlines Inc." by United States Court of Appeals for the Ninth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Truex v. Garrett Freightlines Inc.
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 12, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Admiral Insurance Company (Admiral) appeals from the district courts judgment in favor of Mutual Fire, Marine and Inland Insurance Company (Mutual). A contaminated aortic heart valve, manufactured by Hancock Laboratories, Inc., (Hancock) was implanted in the heart of William Outlaw, Jr. The effects of the contamination were not immediately observed but eventually resulted in Mr. Outlaw undergoing a second operation for replacement of the contaminated valve. Mr. Outlaw brought suit for damages against Hancock Laboratories. Admiral insured Hancock for liability at the time of the implantation and for a period following this operation. Mutual insured Hancock for the remainder of the period following implantation until after the second implantation. The issue before the district court was whether Admiral or Mutual was obligated to provide Hancock with a defense in the Outlaw action. On appeal the issues are; (1) whether the district courts resolution of the dispute between Mutual and Admiral as to which company was obligated to provide a defense to hancock in Outlaws lawsuit for a negligently contaminated heart valve was correct; (2) whether the amount of attorneys fees awarded by the district court was reasonable; and (3) whether settlement with the insured entitled the insurance company making such settlement to a credit in its obligation to the prevailing insurance company.