John Thrasher v. State Farm Fire and Casualty Company, a Corporation

734 F.2d 637 (11th Cir. 1984) · United States Court of Appeals for the Eleventh Circuit · June 18, 1984 · No. No. 83-7662

Summary

The Eleventh Circuit affirmed summary judgment for State Farm in an insurance coverage dispute involving personal property destroyed by fire. The court held that coverage for property owned by another required a request from the named insured, and the undisputed evidence showed that no such request had been made.

Holdings

  1. The policy did not cover Thrasher's personal property because the policy required the named insured to request coverage for personal property owned by another, and Bartlett made no such request.
  2. Summary judgment was proper because no genuine issue of material fact existed and State Farm was entitled to judgment as a matter of law.
  3. Thrasher's contention that he could maintain an action against State Farm despite not being a party to the insurance contract was unpersuasive.

Questions Presented

  1. Whether summary judgment was properly entered for State Farm on Thrasher's claim for coverage under Bartlett's homeowner's insurance policy.
  2. Whether the policy covered property owned by Thrasher when the named insured had not requested coverage for that property.
  3. Whether Thrasher could maintain an action against State Farm despite not being a party to the insurance contract.

Disposition

affirmed

Cases Cited (7)

  • Morrison v. Washington County, Alabama, 700 F.2d 678 (11th Cir. 1983)(followed)
  • Environmental Defense Fund v. Marsh, 651 F.2d 983, 991 (5th Cir. Unit A 1981)(followed)
  • Adickes v. S.H. Kress and Co., 398 U.S. 144, 157 (1970)(followed)
  • Clemons v. Dougherty County, Georgia, 684 F.2d 1365 (11th Cir. 1982)(followed)
  • Impossible Electronics Techniques, Inc. v. Wackenhut Protective Systems, Inc., 669 F.2d 1026 (5th Cir. Unit B 1982)(followed)
  • Casey Enterprises v. American Hardware Mutual Insurance Co., 655 F.2d 598, 602 (5th Cir. Unit A 1981)(followed)
  • Croley v. Matson Navigation Co., 434 F.2d 73, 75 (5th Cir. 1970)(followed)

Cited In (0)

No citing cases on record yet.

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