Legal Opinion
Westfield Insurance v. Herbert
Court of Appeals for the Seventh Circuit
Decided March 28, 1997No. 96-3105PublishedCited by 2 opinions
1Opinion of the Court
TERENCE T. EVANS, Circuit Judge.
On June 19, 1992, 9-year-old Candace Herbert was badly burned in a freak accident while playing in a neighbor’s yard. She and her family sued the neighbors, the Brumleys. In turn, the Brumleys’ insurer, the Westfield Insurance Company, brought this suit in federal court seeking declaratory judgments as to coverage under the Brumleys’ homeowners policy and its duty to defend the Herberts’ lawsuit, then pending in the circuit court for Decatur County, Indiana. Ours is a diversity suit, and Indiana law applies.
Both sides moved for summary judgment. The district…
2Cases cited6 opinions
- Indiana Lumbermens Mutual Insurance v. Statesman InsuranceIndiana Supreme Court · 1973
- Huntington Mutual Insurance v. WalkerIndiana Court of Appeals · 1979
- Shelter Mutual Insurance v. BarronIndiana Court of Appeals · 1993
- Standard Mutual Insurance Company v. Elodie L. Bailey, Charlotte A. Cook, Charles E. Cook and Christopher J. CookCourt of Appeals for the Seventh Circuit · 1989
- Miller v. LomanIndiana Court of Appeals · 1987
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Westfield Insurance Company v. Candace HerbertCourt of Appeals for the Seventh Circuit · 1997
- Myra Rangel v. Dela CruzDistrict Court, C.D. California · 2023