Michigan Supreme Court· 4/13/1993
Allstate Insurance v. Hayes
Citations
- 499 N.W.2d 743
- 442 Mich. 56
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a default declaration of non-coverage against insured does not bind third parties
- holding that where the injured party is a named defendant in the insurer’s action for declaratory judgment, a default by the insured will not prevent the injured party from litigating the coverage question
- \Properly understood ... the actual controversy requirement is simply a summary of justiciability as the necessary condition for judicial relief\
- “[An] injured party in an insurer’s action for declaratory judgment is a proper party to that action.”
- “[T]he purpose of the [DJA] is to allow parties to avoid multiple litigation. ...”
- “[T]he injured defendant’s position is in conflict with that of the plaintiff and will be foreclosed by a determination of rights contrary to his position. We think the interest is sufficiently concrete to assure effective advocacy.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cavanagh, Levin, Bríceley, Mallett, Boyle, Riley, Griffin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.