Legal Opinion

Mitcheson v. Harris

Court of Appeals for the Fourth Circuit

Decided January 29, 1992No. 90-2229PublishedCited by 151 opinions

1Opinion of the Court

OPINION

WILKINSON, Circuit Judge;

In this case an insurer comes to federal court seeking a declaratory judgment regarding its obligation to defend and indemnify its insured when the underlying mat*236ter for which the insured claims coverage is the subject of an action already pending in state court. The issue of whether a federal court should decline to entertain an insurer’s declaratory action when it is closely related to pending state court litigation has been one of recurrent difficulty. In the present version, Vines, a tenant of appellant Harris, brought non-removable, purely state law claims…

2Cases cited26 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  3. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  4. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  5. Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941

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

3Cited by151 opinions

  1. Wilton v. Seven Falls Co.Supreme Court of the United States · 1995
  2. Siloam Springs Hotel, L.L.C. v. Century Surety Co.Court of Appeals for the Tenth Circuit · 2015
  3. Bankers Trust Company, Cross-Appellee v. Old Republic Insurance Company, Cross-AppellantsCourt of Appeals for the Seventh Circuit · 1992
  4. The Centennial Life Insurance Company v. Barbara Poston Victor PostonCourt of Appeals for the Fourth Circuit · 1996
  5. New Wellington Financial Corp. v. Flagship Resort Development Corp.Court of Appeals for the Fourth Circuit · 2005

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