Legal Opinion
Union Ins. Co. v. the Knife Co., Inc.
District Court, W.D. Arkansas
Decided September 6, 1995No. Civ. 95-5039PublishedCited by 24 opinions
1Opinion of the Court
MEMORANDUM OPINION
H. FRANKLIN WATERS, Chief Judge.
This declaratory judgment action was filed by Union Insurance Company to determine whether it has a duty to defend its insured, The Knife Company, from a suit filed in the Eastern District of Tennessee, styled Tennessee River Valley Knife Association, Inc. v. A.G. Russell, Inc., Case No. 1:94-CV-230. In that suit, the plaintiff, Tennessee River Valley Knife Association, alleges that the insured infringed its trademark.
I. DUTY TO DEFEND
As a general matter, the duty to defend is determined by comparing the allegations in the underlying complaint…
2Cases cited17 opinions
- Southern Farm Bureau Casualty Insurance v. WilliamsSupreme Court of Arkansas · 1976
- Granite State Insurance Company v. Aamco Transmissions, Inc., Morgan Industries, Inc. Aamco Transmissions, Inc.Court of Appeals for the Third Circuit · 1995
- Keller v. Safeco Insurance Co. of AmericaSupreme Court of Arkansas · 1994
- J.A. Brundage Plumbing & Roto-Rooter, Inc. v. Massachusetts Bay InsuranceDistrict Court, W.D. New York · 1993
- Poof Toy Products, Inc. v. United States Fidelity & Guaranty Co.District Court, E.D. Michigan · 1995
12 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- The Frog, Switch & Manufacturing Co., Inc., in No. 98-7552 v. The Travelers Insurance Company (d.c. Civ. No. 98-Cv-00643) the Frog, Switch & Manufacturing Co., Inc., in No. 98-7553 v. United States Fire Insurance Company (d.c. Civ. No. 98-Cv-00758)Court of Appeals for the Third Circuit · 1999
- Palmer v. Truck Insurance ExchangeCalifornia Supreme Court · 1999
- Advance Watch Company, Limited v. Kemper National Insurance Company, the Travelers Indemnity Company of America, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1996
- Hyman v. Nationwide Mutual Fire InsuranceCourt of Appeals for the Eleventh Circuit · 2002
- Lebas Fashion Imports of USA, Inc. v. ITT Hartford Insurance GroupCalifornia Court of Appeal · 1996
19 more not listed; retrieve them via the Exa API.