Traders and General Insurance Co. v. Edwards, 4931.
| Decision Date | 09 December 1954 |
| Docket Number | No. 4931.,4931. |
| Citation | 216 F.2d 441 |
| Parties | TRADERS AND GENERAL INSURANCE COMPANY, a corporation, Appellant, v. A. N. EDWARDS and H. E. Turpin, Appellees. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Mart Brown, Oklahoma City, Okl. (Covington & Donovan, Tulsa, Okl., were with him on the brief), for appellant.
Jack N. Hays, Tulsa, Okl. (G. Ellis Gable and Charles P. Gotwals, Jr., Tulsa, Okl., were with him on the brief), for appellee, A. N. Edwards.
Hugh M. Sandlin, Holdenville, Okl., for appellee, H. E. Turpin.
Before BRATTON and HUXMAN, Circuit Judges, and RITTER, District Judge.
This was a declaratory judgment action under the Declaratory Judgment Act, 28 U.S.C.A. § 2201, brought by appellee, A. N. Edwards, against appellant, Traders and General Insurance Company, for a declaratory judgment adjudicating that the insurance company was obliged to defend on behalf of Edwards an action instituted against him by H. E. Turpin in the District Court of Okmulgee County, Oklahoma. The insurance company has appealed from a judgment requiring it to defend that action and to hold Edwards harmless from any liability established against him therein. H. E. Turpin intervened in the action. He is aligned in interest with appellee Edwards.
The appellant insurance company had issued to A. N. Edwards and/or A. N. Edwards Construction Company a comprehensive general liability policy which was in force at the time of the occurrence out of which this litigation arose. The insurance policy contained an insurance clause covering Edwards' liability for property damage arising in connection with his operations.
The Edwards Construction Company owned an oil and gas lease on which an oil well was being drilled. The well had been drilled to a point where it was approaching the oil sand. At this point, the company drilling the well suspended its operations and the Edwards Company, through A. N. Edwards, made an oral contract with H. E. Turpin to drill in or complete the well. This contract was what is known as a contract for day work or rig-time work. Turpin was to perform the operation of drilling into the pay sand. He was to be paid at the rate of $8.50 per hour. He furnished his own rig, employees and supervision. During these operations, the rig was damaged by fire. Turpin sued Edwards and the A. N. Edwards Construction Company, alleging that their negligence caused the damage to the rig. Edwards demanded the insurance company defend the action and hold him free from liability. Upon refusal by the company to respond, this action was instituted.
It is the company's position that there is no liability under the policy because of an exclusion clause which excludes from coverage "injury to or...
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...methods and without being subject to the control of his employer except as to the result of the work. Traders and General Insurance Co. v. Edwards, 216 F.2d 441, (10 Cir. 1954) cert. den. 348 U.S. 953, 75 S.Ct. 441, 99 L.Ed. 744; Long v. Valley Steel Products Co., 207 F.2d 505 (10 Cir. 1953......
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...485 N.E.2d 965 (1985). Rather, courts look to who has possession and who has control of the property. See Traders & Gen. Ins. Co. v. Edwards, 216 F.2d 441, 442 (10th Cir.1954), cert. denied, 348 U.S. 953, 75 S.Ct. 441, 99 L.Ed. 744 (1955) (oil rig); Insurance Co. of N. America v. Northweste......
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Central Sur. & Ins. Corp. v. Anderson, 16996
...the exclusions the policy does not apply except for operations performed by independent contractors, citing Traders and General Ins. Co. v. Edwards, 10 Cir., 216 F.2d 441; American Cereal Co. v. London Guarantee & Accident Co., 7 Cir., 211 F. 96; Producers' Lumber Co. v. Butler, 37 Okl. 172......
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Central Sur. & Ins. Corp. v. Anderson, 16996
...the exclusions the policy does not apply except for operations performed by independent contractors, citing Traders and General Ins. Co. v. Edwards, 10 Cir., 216 F.2d 441; American Cereal Co. v. London Guarantee & Accident Co., 7 Cir., 211 F. 96; Producers' Lumber Co. v. Butler, 37 Okl. 172......