Legal Opinion

Everest and Jennings, Inc. v. American Motorists Insurance Company

Court of Appeals for the Ninth Circuit

Decided April 13, 1994No. 92-56351PublishedCited by 140 opinions

1Opinion of the Court

Opinion by Judge BRIGHT.

BRIGHT, Senior Circuit Judge:

Burke Incorporated (Burke), a wheelchair manufacturer, sued its competitor Everest and Jennings (E & J) alleging patent infringement. E & J requested its insurer, American Motorists Insurance Company (AMICO), to defend E & J in the Burke suit, and indemnify E & J in the event Burke won a damage award. After AMICO declined to defend or indemnify E & J, E & J instituted this action seeking a declaratory judgment as to AMICO’s duties, and damages for breach of contract and breach of an implied covenant of good faith and fair dealing. AMICO…

2Cases cited7 opinions

  1. Bank of the West v. Superior CourtCalifornia Supreme Court · 1992
  2. Regina (Rega) Jablon v. Dean Witter & Co., and Sydney TurnerCourt of Appeals for the Ninth Circuit · 1980
  3. CNA Casualty of California v. Seaboard Surety Co.California Court of Appeal · 1986
  4. Earl Edwin Gobel and Michael J. Defranco v. Maricopa County, Thomas E. Collins, David P. Stoller, and Frank GaryCourt of Appeals for the Ninth Circuit · 1989
  5. National Union Fire Insurance v. Siliconix Inc.District Court, N.D. California · 1989

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

3Cited by140 opinions

  1. Parks School of Business, Inc., Dba Parks College, a New Mexico Corporation v. Fife Symington Roy A. Nicholson Sally HeinCourt of Appeals for the Ninth Circuit · 1995
  2. Smith v. JacksonCourt of Appeals for the Ninth Circuit · 1996
  3. Ernest J. Franceschi, Jr., Esq. v. Kenneth Schwartz, Commissioner of South Orange County Municipal CourtCourt of Appeals for the Ninth Circuit · 1995
  4. Michael FREEMAN, Plaintiff-Appellant, v. the TIME, INC., Magazine Company, Et Al., Defendants-AppelleesCourt of Appeals for the Ninth Circuit · 1995
  5. Smilecare Dental Group v. Delta Dental Plan of California, Inc.Court of Appeals for the Ninth Circuit · 1996

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API