Hawkins v. Federated Mutual Insurance Company

1996 U.S. Dist. LEXIS 21436 (1996)

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Hawkins v. Federated Mutual Insurance Company

United States District Court for the Northern District of Mississippi
1996 U.S. Dist. LEXIS 21436 (1996)

  • Written by Mike Begovic, JD

Facts

Hawkins (plaintiff) entered into a contract with West for the purchase of farm equipment totaling $61,500. It was agreed that West would deliver the equipment to Hawkins. Hawkins made a down payment and secured financing through Deere Credit Services, Inc. A credit agreement was formed that required Hawkins to purchase an insurance policy for the equipment from John Deere Insurance Company (JDIC). The credit agreement contained a risk-of-loss provision, which stated that Hawkins would bear the risk of loss for damage to the goods and that his debt would not be reduced if the goods were damaged. The agreement made no mention of the seller, West. Federated Mutual Insurance Company (Federated) (defendant) insured West’s equipment at the time of the transaction. Prior to delivery, and while both insurance policies were in effect, the equipment was destroyed in a fire. A lawsuit was brought to determine which party bore the risk of loss for the equipment. Federated contended that the risk-of-loss provision in the credit agreement effectively shifted the risk of loss to Hawkins. JDIC argued that the risk of loss remained with West.

Rule of Law

Issue

Holding and Reasoning (Alexander, J.)

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