Legal Opinion
Robert Colton v. John B. Swain, and Third-Party v. Pacific Indemnity Co., a Corporation, Third-Party
Court of Appeals for the Third Circuit
Decided December 17, 1975No. 74--1572PublishedCited by 55 opinions
1Opinion of the Court
SWYGERT, Circuit Judge.
There are two questions presented on this appeal: whether a liability insurance policy covers actions brought under 42 U.S.C. § 1983 and, even if it should, does the inclusion of a no-action clause and a no-impleader/joinder clause bar a third-party action to determine the extent of coverage prior to a judgment of liability against the insured? The district court denied the insurer’s motion to dismiss the third-party complaint, holding that the action was appropriate under Rule 14 of the Federal Rules of Civil Procedure, and granted the insureds’ motion for a summary…
2Cases cited30 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Monroe v. PapeSupreme Court of the United States · 1961
- Pierson v. RaySupreme Court of the United States · 1967
- Maternally Yours, Inc. v. Your Maternity Shop, Inc.Court of Appeals for the Second Circuit · 1956
- Goldberg v. Lumber Mutual Casualty InsuranceNew York Court of Appeals · 1948
25 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Windy City Metal Fabricators & Supply, Inc. v. CIT Technology Financing Services, Inc.Court of Appeals for the Seventh Circuit · 2008
- Johnson Controls, Inc. v. Employers Insurance of WausauWisconsin Supreme Court · 2003
- Beanstalk Group, Inc. v. Am General Corporation and General Motors CorporationCourt of Appeals for the Seventh Circuit · 2002
- SOLO CUP COMPANY, Plaintiff-Appellant, v. FEDERAL INSURANCE COMPANY, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1980
- Johnson v. Hondo, Inc.Court of Appeals for the Seventh Circuit · 1997
50 more not listed; retrieve them via the Exa API.