Legal Opinion

McMillian Inc. v. Monticello Insurance Co. v. David McMillian Third Party-Appellant

Court of Appeals for the Third Circuit

Decided June 17, 1997No. 96-2807PublishedCited by 31 opinions

1Opinion of the Court

FAGG, Circuit Judge.

A laundromat owned by McMillian/McMil-lian, Inc. (JWM) burned down. Believing the fire had been deliberately set, Montieello Insurance Company denied coverage under a policy exclusion for incendiary fires, and M/M sued Montieello for breach of contract. Montieello filed a third-party claim for indemnification against M/M’s president, David McMillian, asserting McMillian set the fire himself. After McMillian evaded Montieel-lo’s attempts to serve him personally, Monti-eello served process by warning order, see Ark. R. Civ. P. 4(f)(1), but McMillian never answered the…

2Cases cited7 opinions

  1. Frow v. De La VegaSupreme Court of the United States · 1872
  2. Ackra Direct Marketing Corp. And Michael Ackerman, Individually v. Fingerhut Corp.Court of Appeals for the Eighth Circuit · 1996
  3. Muriel D. Black v. Michael P. Lane, Michael Neal, P.A. Severs, CaptainCourt of Appeals for the Seventh Circuit · 1994
  4. Pretzel & Stouffer, Chartered v. Imperial Adjusters, Inc.Court of Appeals for the Seventh Circuit · 1994
  5. In Re Uranium Antitrust Litigation. Westinghouse Electric CorporationCourt of Appeals for the Seventh Circuit · 1980

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

3Cited by31 opinions

  1. Johnson v. Dayton Electric Manufacturing Co.Court of Appeals for the Eighth Circuit · 1998
  2. Capitol Records v. Rita CarmichaelDistrict Court, S.D. Alabama · 2007
  3. Virgin Records America, Inc. v. LaceyDistrict Court, S.D. Alabama · 2007
  4. Days Inns Acquisition Corp. v. HutchinsonDistrict Court of Appeal of Florida · 1997
  5. Jefferson v. Briner, Inc.District Court, E.D. Virginia · 2006

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

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