Legal Opinion

American States Insurance v. Kearns

Court of Appeals for the Ninth Circuit

Decided January 26, 1994No. 92-16266PublishedCited by 1 opinion

1Opinion of the Court

WALLACE, Chief Judge:

American States Insurance Company (American States) appeals from the district court’s judgment dismissing its declaratory relief action for lack of jurisdiction. American States sought to establish that under the insurance policy at issue, it has no duty to indemnify or defend Kearns, doing business as Tahoe Boat Company (Tahoe Boat) in a suit brought against Tahoe Boat in state court. The district court’s jurisdiction over this diversity suit would be premised on 28 U.S.C. § 2201(a) and 28 U.S.C. § 1332. We have jurisdiction over this timely appeal pursuant to 28 U.S.C.…

2Cases cited9 opinions

  1. Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
  2. Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
  3. Societe De Conditionnement en Aluminium v. Hunter Engineering Co., Inc.Court of Appeals for the Ninth Circuit · 1981
  4. Wickland Oil Terminals, a California Corporation v. Asarco, Inc., a New Jersey Corporation, and State Lands Commission of CaliforniaCourt of Appeals for the Ninth Circuit · 1986
  5. George R. Chamberlain, Plaintiff-Counter-Defendant-Appellant v. Allstate Insurance Company, Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Ninth Circuit · 1991

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3Cited by1 opinion

  1. American States Insurance Company v. John V. KearnsCourt of Appeals for the Ninth Circuit · 1994

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