Legal Opinion
Allstate Insurance v. Philip Leasing Co.
District Court, D. South Dakota
Decided March 1, 1963No. Civ. No. 842PublishedCited by 8 opinions
1Opinion of the Court
BECK, District Judge.
This is an action in which Allstate under Section 2201, Title 28 U.S.C.A., is seeking a declaration, that it is neither obligated to defend Philip Leasing Company in another action in this court entitled, John Lohner v. Philip Leasing Company1 et al., Civil No. 368 C.D., nor to pay any judgment against it which might be entered in the course of that trial.
Basically, it is Allstate’s position, according to the allegations of its complaint and the arguments on the motion to dismiss, that there is no contractual obligation to defend that action, because Lohner was employed…
2Cases cited27 opinions
- Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
- Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
- Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
- Aetna Casualty & Surety Co. v. QuarlesCourt of Appeals for the Fourth Circuit · 1937
- Maryland Casualty Co. v. Consumers Finance Service, Inc. of PennsylvaniaCourt of Appeals for the Third Circuit · 1938
22 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Seaboard Finance Company v. DavisDistrict Court, N.D. Illinois · 1967
- County of Wyoming, NY v. Erie Lackawanna Ry. Co.District Court, W.D. New York · 1973
- Portsmouth Hospital v. Indemnity Insurance Co. of North AmericaSupreme Court of New Hampshire · 1968
- Sarafin v. Sears, Roebuck and Co., Inc.District Court, N.D. Illinois · 1978
- Board of Education v. Department of Health, EducationDistrict Court, S.D. Ohio · 1975
3 more not listed; retrieve them via the Exa API.