Opinion

Continental Oil Company v. Bonanza Corporation and Republic Insurance Company

  • 677 F.2d 455
  • 1983 A.M.C. 387
  • 1982 U.S. App. LEXIS 18813
Court
Court of Appeals for the Fifth Circuit
Filed
Jun 1, 1982
Status
Published
On the bench
Johnson, Williams, Clark, Brown, Gee, Rubin, Reavley, Politz, Ran, Dall, Tate, Garwood, Jolly, Higginbotham
Cited by
45 cases

Vacated on other grounds by Continental Oil Company v. Bonanza Corporation, and Republic Insurance Company, 706 F.2d 1365 (1983)

describing a liability policy as one in which the insurer must pay the damages in contrast to an indemnity policy'in. which the insurer simply reimburses the insured for expenses the insured has already paid

How later courts described this case

  • describing a liability policy as one in which the insurer must pay the damages in contrast to an indemnity policy'in. which the insurer simply reimburses the insured for expenses the insured has already paid
  • noting that the court avoids the Wilburn Boat choice of law inquiry whenever possible
  • “When admiralty law speaks to a question, state law cannot override it____ But when admiralty law is silent, and there is no need for uniformity, state law must be heard.”
  • application of subjective standard for determining necessity of removal

Written by the judges who cited it.

The opinion

ON REHEARING AND REHEARING EN BANC

Before CLARK, Chief Judge, BROWN, GEE, RUBIN, REAVLEY, POLITZ, RAN *471 DALL, TATE, JOHNSON, WILLIAMS, GARWOOD, JOLLY and HIGGINBOTHAM, Circuit Judges.

BY THE COURT:

A member of the Court in active service having requested a poll on the application for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that the cause shall be reheard by the Court en banc without oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.