Allstate Insurance Company, an Illinois Corporation v. The Employers Liability Assurance Corp., Ltd., and United States Fidelity and Guaranty Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• weighing five considerations in holding that primary insurance limits must be exhausted before umbrella policy kicks in — relied upon by Fourth Circuit in Allstate, 865 F.2d at 594
• stating in dicta that such a claim is not ripe “until a judgment has been rendered against the insured since, until such judgment comes into being, the liabilities are contingent and may never materialize”
• stating in dicta that a duty to indemnify claim is not ripe “until a judgment has been rendered against the insured since, until such judgment comes into being, the liabilities are contingent and may never materialize”
• finding judgment in underlying case did not render declaratory judgment action between insurers moot where parties “unambiguous[ly] agree[d] with each other . . . to reserve and not to forego a later adversary determination of their respective rights and liabilities”
• finding judgment in underlying case did not render declaratory judgment action between insurers moot where parties “unambiguous[ly] agree[d] with each other . . . to reserve and not to forego a later adversary determination of their respective rights and liabilities”
• “[N]o action for declaratory relief will lie to establish an insurer’s liability . . . until a judgment has been rendered against the insured since, until such judgment comes into being, the liabilities are contingent and may never materialize.”

Source: CourtListener parenthetical corpus (CC0).