United States v Estate of St. Clair

St. Clair appealed the judgment of trespass and ejectment from certain land he claimed was his and the government claimed was part of a national forest. The panel affirmed. It held that the survey done prior to title passing from the government to St. Clair’s predecessor in title controlled vent if erroneous or later discarded and the land in question was not part of the claim of the predecessor in title. It held that while the method of determining the location of St. Clair’s property used by the district court did not satisfy the BLM surveying manual, it did satisfy controlling precedent as it enabled someone who acted with due diligence, inquiry and search to find the land and further it is consistent with the original plating and how the predecessor in title described his land claim.

Universal Underwriters Insurance Company v Winton

Universal and other insurers sued for declaratory relief that their policies did not cover victims of a car crash. The district court granted summary judgment to universal and the other insurers. The panel affirmed. It held Universal’s garage coverage policy did not cover the accident because it limited the amount available to the statutorily required minimum coverage, the driver’s policy was for the statutory minimum and a provision defining the coverage as excess did not make the policy cover the accident. It held that an umbrella policy issued to the car’s owner did not provide coverage as the driver was not listed as an insured and the policy only covers listed insured. It held there was no coverage under policies form the previous owner of the car driven by the responsible driver as the car was delivered to the driver with intent to sell and that is all Oklahoma law requires to complete the sale.