Legal Opinion
Allstate Insurance v. Atwood
Court of Appeals of Maryland
Decided April 12, 1990No. 84, September Term, 1987PublishedCited by 64 opinions
1Opinion of the Court
ELDRIDGE, Judge.
In Brohawn v. Transamerica Ins. Co., 276 Md. 396, 347 A.2d 842 (1975), this Court held that an insurer, prior to trial of a tort suit against its insured, ordinarily could not obtain a declaratory judgment concerning policy coverage, where the coverage issue was essentially the same as an issue to be decided in the pending tort case. This case presents the question of when an insurer may litigate this type of coverage issue.
I
The relevant facts may be briefly stated. The father of Raymond F. Dacek, III brought a tort suit, individually and as the father of Raymond, in the…
2Cases cited57 opinions
- Brohawn v. Transamerica InsuranceCourt of Appeals of Maryland · 1975
- Restor-A-Dent Dental Laboratories, Inc. v. Certified Alloy Products, Inc., Unigard Mutual Insurance Company, Intervener-AppellantCourt of Appeals for the Second Circuit · 1984
- Ruvolo v. American Casualty Co.Supreme Court of New Jersey · 1963
- St. Paul Fire & Marine Insurance v. PryseskiCourt of Appeals of Maryland · 1981
- Transamerica Insurance Group v. MeereArizona Supreme Court · 1984
52 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Mitcheson v. HarrisCourt of Appeals for the Fourth Circuit · 1992
- American Motorists Insurance v. ARTRA Group, Inc.Court of Appeals of Maryland · 1995
- Commercial Union Insurance v. Porter Hayden Co.Court of Special Appeals of Maryland · 1997
- Jones v. Hyatt Insurance Agency, Inc.Court of Appeals of Maryland · 1999
- Mesmer v. Maryland Automobile Insurance FundCourt of Appeals of Maryland · 1999
59 more not listed; retrieve them via the Exa API.