Legal Opinion

Armstrong Cleaners, Inc. v. Erie Insurance Exchange

District Court, S.D. Indiana

Decided March 15, 2005No. 1:03CV1721DFHTABPublishedCited by 11 opinions

1Opinion of the Court

ENTRY ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

HAMILTON, District Judge.

This case presents a recurring conflict of interest question within law’s “eternal triangle”' — the liability insurance company, the insured, and the insurance defense attorney. The question is whether an insurer’s reservation of rights created a conflict of interest sufficient to entitle the policyholders to have their insurer pay attorneys of the policyholders’ choice to defend them in the underlying litigation. As explained below, the court finds that the reservation of rights posed, in the terms of Rule 1.7(a)(2) of the…

2Cases cited67 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Erie Insurance v. Hickman Ex Rel. SmithIndiana Supreme Court · 1993
  5. United States v. William M. Davis, Ashland, Inc.Court of Appeals for the First Circuit · 2001

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3Cited by11 opinions

  1. Twin City Fire Insurance Company v. Ben Arnold-Sunbelt Beverage Company Of South Carolina, LpCourt of Appeals for the Fourth Circuit · 2005
  2. In Re Methyl Tertiary Butyl Ether (" Mtbe")District Court, S.D. New York · 2005
  3. Evansville Greenway & Remediation Trust v. Southern Indiana Gas & Electric Co.District Court, S.D. Indiana · 2009
  4. Liberty Mut. Ins. Co. v. Dometic Corp.District Court, N.D. Indiana · 2019
  5. City of Mishawaka v. Amerada Hess Corp.District Court, S.D. New York · 2005

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