# Continental Oil Company v. Bonanza Corporation and Republic Insurance Company

> Court of Appeals for the Fifth Circuit · June 1, 1982 · 677 F.2d 455

URL: https://www.frixlaw.com/law-library/cases/9469167

## Case

- **Full name:** CONTINENTAL OIL COMPANY, Plaintiff-Appellee, v. BONANZA CORPORATION and Republic Insurance Company, Defendants-Appellants
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** June 1, 1982
- **Citations:** 677 F.2d 455; 1983 A.M.C. 387; 1982 U.S. App. LEXIS 18813
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Johnson, Williams, Clark, Brown, Gee, Rubin, Reavley, Politz, Ran, Dall, Tate, Garwood, Jolly, Higginbotham
- **Cited by:** 45 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Vacated on other grounds by Continental Oil Company v. Bonanza Corporation, and Republic Insurance Company, 706 F.2d 1365 (1983).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9469167

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9469167. Public record. Not legal advice.