Legal Opinion

Charlene Harper v. Vigilant Insurance Company

Court of Appeals for the Seventh Circuit

Decided December 6, 2005No. 04-1087PublishedCited by 170 opinions

1Opinion of the Court

COFFEY, Circuit Judge.

Plaintiff-appellant, Charlene Harper, acting in the capacity of administrator of Jane Doe’s (“Jane”) estate, appeals an order of the district court granting summary judgment in favor of the defendant-appellee Vigilant Insurance Company (“Vigilant”). The district court found that Jane, as an assignee of John Doe’s (“John”) rights to sue Vigilant for bad faith failure to defend and indemnify, could not prevail because John was not a “resident” of his father’s “household” under the terms of his father’s homeowner’s insurance policy. The trial court also concluded, in the…

2Cases cited38 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  3. Reinee Hildebrandt v. Illinois Department of Natural Resources and Richard LittleCourt of Appeals for the Seventh Circuit · 2003
  4. Greer v. Zurich Insurance CompanySupreme Court of Missouri · 1969
  5. Republic Tobacco Co., Plaintiff-Appellee/cross-Appellant v. North Atlantic Trading Company, Inc., Defendants-Appellants/cross-AppelleesCourt of Appeals for the Seventh Circuit · 2004

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3Cited by170 opinions

  1. Darrel Smith v. Denise BrayCourt of Appeals for the Seventh Circuit · 2012
  2. Winters v. Fru-Con Inc.Court of Appeals for the Seventh Circuit · 2007
  3. John Hicks v. Concorde Career CollegeCourt of Appeals for the Sixth Circuit · 2011
  4. Obriecht v. FosterCourt of Appeals for the Seventh Circuit · 2013
  5. Camp v. TNT Logistics Corp.Court of Appeals for the Seventh Circuit · 2009

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