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CARTER v. SAINT PAUL FIRE AND MARINE INSURANCE COMPANY

No. LR 67 C 76, No. LR 67 C 134, No. PB 67 C 59.

283 F.Supp. 384 (1968)

Jerry V. CARTER, Plaintiff, v. SAINT PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant. Glen R. VAUGHT, Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY and State Farm Mutual Automobile Insurance Company, Defendants. Bertis ASHCRAFT, Individually and as Executrix of the Estate of Irvin R. Ashcraft, Deceased, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

United States District Court E. D. Arkansas, Western and Pine Bluff Division.

April 26, 1968.

Attorney(s) appearing for the Case

No. LR 67 C 76:

William R. Bullock, Mobley, Bullock & Harris, Russellville, Ark., for plaintiff.

Alston Jennings, Wright Lindsey & Jennings, Little Rock, Ark., for defendant.

No. LR 67 C 134:

Jack Young, Robinson, Thornton, McCloy & Young, Little Rock, Ark., for plaintiff.

Ted Boswell, Cockrill, Laser, McGehee, Sharp & Boswell, Little Rock, Ark., for defendants.

No. PB 67 C 59:

Edward M. Owens, John Harris Jones, Pine Bluff, Ark., for plaintiff.

R. A. Eilbott, Jr., Reinberger, Eilbott, Smith & Staten, Pine Bluff, Ark., for defendant.

MEMORANDUM OPINION

YOUNG, District Judge.

These three cases involve the construction and legality of clauses which restrict or reduce liability of insurance carriers in uninsured motorist provisions of the policies.

In one of the cases the insurance policy excludes by definition from uninsured motorist coverage a certain category of motor vehicles. In the other two cases the insurance policies provide that the insurance companies may deduct from...

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