# Ralph E. Coblentz, as Administrator, D.B.N. Of the Estate of Edward Thomas Coblentz, Deceased v. American Surety Company of New York

> Court of Appeals for the Fifth Circuit · October 10, 1969 · 416 F.2d 1059

URL: https://www.frixlaw.com/law-library/cases/9454925

## Case

- **Full name:** Ralph E. COBLENTZ, as Administrator, D.B.N. of the Estate of Edward Thomas Coblentz, Deceased, Appellant, v. AMERICAN SURETY COMPANY OF NEW YORK, Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** October 10, 1969
- **Citations:** 416 F.2d 1059
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Wisdom, Godbold, Simpson
- **Cited by:** 122 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9454925

## How later opinions describe it (automated extraction)

- holding that an insurance company which chose not to defend its insured could not later deny coverage by asserting the “legally obligated to pay” provision in the policy after the insured reached a settlement where the injured party agreed to collect only against insurance pro…
- holding that if a liability insurer is informed of an action against its insured, but, declines to defend the insured, the insurer may be held to a consent judgment entered in the action absent fraud or collusion
- holding that if a liability insurer is informed of an action against its insured but declines to defend the insured, the insurer may be held to a consent judgment entered in that action, absent fraud or collusion

## Opinion text

*1064 ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
PER CURIAM:
The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9454925. Public record. Not legal advice.