Legal Opinion

John J. Donnelly v. Transportation Insurance Company, Continental Casualty Company

Court of Appeals for the Fourth Circuit

Decided January 30, 1979No. 77-2164PublishedCited by 64 opinions

1Opinion of the Court

WIDENER, Circuit Judge:

John J. Donnelly, the appellant, sued the two appellee insurance companies for their refusal to defend him under a series of professional liability insurance policies. Jurisdiction is based upon 28 U.S.C. § 1332 (diversity of citizenship). Donnelly claimed as damages the costs of his defense and losses to him occasioned by settlement of a suit against him. The district court, sitting without a jury, found that the insurance companies did not owe Donnelly the duty of a defense. 1 Thus, the court never reached the question as to the measure of Donnelly’s damages. It is…

2Cases cited9 opinions

  1. Gray v. Zurich Insurance Co.California Supreme Court · 1966
  2. Lee v. Aetna Casualty & Surety CoCourt of Appeals for the Second Circuit · 1949
  3. Cadwallader v. New Amsterdam Casualty Co.Supreme Court of Pennsylvania · 1959
  4. The Babcock & Wilcox Company v. Parsons Corporation v. Insurance Company of North AmericaCourt of Appeals for the Eighth Circuit · 1970
  5. Lerner v. General Ins. Co. of AmericaSupreme Court of Virginia · 1978

4 more not listed; retrieve them via the Exa API.

3Cited by64 opinions

  1. CACI International, Inc. v. St. Paul Fire & Marine InsuranceCourt of Appeals for the Fourth Circuit · 2009
  2. Jensen v. SnellingsCourt of Appeals for the Fifth Circuit · 1988
  3. Horace Mann Insurance v. LeeberWest Virginia Supreme Court · 1988
  4. Brooks, Tarlton, Gilbert, Douglas & Kressler, Etc., Cross-Appellants v. United States Fire Insurance Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1987
  5. First Bank of Turley v. Fidelity & Deposit Insurance Co. of MarylandSupreme Court of Oklahoma · 1996

59 more not listed; retrieve them via the Exa API.

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