Legal Opinion
Fisher v. Hartford Accident & Indemnity Co.
Court of Appeals for the Seventh Circuit
Decided February 27, 1964No. 14214PublishedCited by 6 opinions
1Opinion of the Court
KILEY, Circuit Judge.
The district court dismissed this diversity suit because the “matter in controversy” did not exceed $10,000.00.1 Plaintiffs have appealed.
The decisive issue is: At what time did Hartford’s obligation to defend its insureds 2 in suits against them arise. The district court decided the obligation did not arise until after the suits were filed, thereby limiting insured’s right to attorney’s fees to services rendered since that time. Attorney Thomas Hart Fisher’s claim for fees and expenses was reduced, accordingly, below the jurisdictional amount. We agree with the decision.
H…
2Cases cited6 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Thomson v. GaskillSupreme Court of the United States · 1942
- Hardware Mut. Casualty Co. v. SchantzCourt of Appeals for the Fifth Circuit · 1949
- Berger v. Austin, Nichols & Co.Court of Appeals for the Seventh Circuit · 1948
- Jones v. Drewry's, Ltd., U. S. A., Inc.Court of Appeals for the Seventh Circuit · 1945
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wakeen v. Hoffman House, Inc.Court of Appeals for the Seventh Circuit · 1983
- Grindheim v. Safeco Insurance Co. of AmericaDistrict Court, D. Montana · 1995
- Casualty Indemnity Exchange Insurance v. Liberty National Fire InsuranceDistrict Court, D. Montana · 1995
- Howard T. Fisher v. Hartford Accident And Indemnity CompanyCourt of Appeals for the Seventh Circuit · 1964
- 33 Fair empl.prac.cas. 1476, 33 Fair empl.prac.cas. 1816, 33 Empl. Prac. Dec. P 33,977 Wayne Wakeen, Individually and on Behalf of All Others Similarly Situated v. Hoffman House, Inc., Hoffman House Restaurants, Inc., and the Pillsbury CompanyCourt of Appeals for the Seventh Circuit · 1984
1 more not listed; retrieve them via the Exa API.