Legal Opinion
Clauss v. American Automobile and Insurance Company
District Court, E.D. Pennsylvania
Decided August 18, 1959No. Civ. A. 26076PublishedCited by 15 opinions
1Opinion of the Court
EGAN, District Judge.
This is an action brought under the Declaratory Judgment Act (28 U.S.C.A. § 2201) to determine the questions of coverage and the duty to defend under two comprehensive liability policies. It is necessary to relate the factual background of this case to intelligently comprehend the two basic issues involved. There is diversity of citizenship and the required jurisdictional amount is indicated.
The plaintiffs, during the year 1957, were engaged in the construction of certain sewers and other work on Roosevelt Boulevard, Philadelphia, pursuant to a contract with the City of…
2Cases cited3 opinions
- Lee v. Aetna Casualty & Surety CoCourt of Appeals for the Second Circuit · 1949
- Cadwallader v. New Amsterdam Casualty Co.Supreme Court of Pennsylvania · 1959
- Wilson v. Maryland Casualty Co.Supreme Court of Pennsylvania · 1954
3Cited by15 opinions
- J. D'Amico, Inc. v. City of BostonMassachusetts Supreme Judicial Court · 1962
- Swillie v. General Motors CorporationLouisiana Court of Appeal · 1961
- Haugen v. Auto-Owners Insurance Co. of LansingNorth Dakota Supreme Court · 1971
- St. Paul Fire and Marine Insurance Company v. Willis P. Coleman and Anne Wyles Coleman, D/B/A Lake Hamilton Marine Service,et Al.Court of Appeals for the Eighth Circuit · 1963
- Johnson v. National Union Fire Insurance Co. of PittsburghNew York Supreme Court · 1968
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