Legal Opinion

Sears, Roebuck and Co. v. American Mutual Liability Insurance Company

Court of Appeals for the Seventh Circuit

Decided February 10, 1967No. 15792_1PublishedCited by 71 opinions

1Opinion of the Court

HASTINGS, Chief Judge.

This is an appeal from a dismissal by the district court, sua sponte, of a diversity declaratory judgment action, instituted by Sears, Roebuck and Co., a New York corporation having its principal place of business in Illinois, against American Mutual Liability Insurance Company, a Massachusetts corporation.

Sears sought a declaratory judgment that American Mutual was obligated, by reason of an insurance contract containing a vendor’s endorsement, to defend and indemnify Sears in an action filed by one John Ervin in a circuit court of Illinois.

In his suit against Sears,…

2Cases cited10 opinions

  1. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  2. Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
  3. Aetna Casualty & Surety Co. v. QuarlesCourt of Appeals for the Fourth Circuit · 1937
  4. Delno v. Market St. Ry. Co.Court of Appeals for the Ninth Circuit · 1942
  5. Maryland Casualty Co. v. Consumers Finance Service, Inc. of PennsylvaniaCourt of Appeals for the Third Circuit · 1938

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

3Cited by71 opinions

  1. Grand Trunk Western Railroad Company, a Michigan and Indiana Corporation v. Consolidated Rail Corporation, a Pennsylvania CorporationCourt of Appeals for the Sixth Circuit · 1984
  2. Tempco Electric Heater Corporation v. Omega Engineering, Inc.Court of Appeals for the Seventh Circuit · 1987
  3. Nucor Corporation v. Aceros Y Maquilas De Occidente, S.A. De C.V.Court of Appeals for the Seventh Circuit · 1994
  4. Cox v. AmickWest Virginia Supreme Court · 1995
  5. Hanes Corporation, a North Carolina Corporation v. Julien MillardCourt of Appeals for the D.C. Circuit · 1976

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

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