Legal Opinion
Heyward v. American Casualty Co. of Reading, Pa.
District Court, E.D. South Carolina
Decided March 2, 1955No. Civ. A. 3583PublishedCited by 39 opinions
1Opinion of the Court
WYCHE, Chief Judge.
This matter comes before me on defendant’s motion to dismiss on the ground that the complaint fails to state a claim against the defendant upon which relief can be granted. The motion was heard upon the complaint filed in the present suit, to which was attached a copy of the complaint in the State Court, which the plaintiffs contend the defendant was under the duty to defend, the plaintiffs’ answers to certain interrogatories interposed by the defendant and the insurance policy involved.
The defendant submits that the motion to dismiss should be treated as a motion for…
2Cases cited21 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Meredith v. Winter HavenSupreme Court of the United States · 1943
- Lee v. Aetna Casualty & Surety CoCourt of Appeals for the Second Circuit · 1949
- Standard Acc. Ins. Co. v. RobertsCourt of Appeals for the Eighth Circuit · 1942
- Employers Mut. Liability Ins. Co. Of Wisconsin v. HendrixCourt of Appeals for the Fourth Circuit · 1952
16 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Sola Basic Industries, Inc. v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1979
- Volf v. Ocean Accident & Guarantee Corp.California Supreme Court · 1958
- Kendall Plumbing, Inc. v. St. Paul Mercury InsuranceSupreme Court of Kansas · 1962
- Vobill Homes, Inc. v. Hartford Accident & Indem. Co.Louisiana Court of Appeal · 1966
- Travelers Insurance Co. v. VolentineCourt of Appeals of Texas · 1979
34 more not listed; retrieve them via the Exa API.