American Fidelity & Casualty Company, Inc. v. Pennsylvania Threshermen & Farmers' Mutual Casualty Insurance Company

How courts have described this case

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

• explaining that “[u]n-like the demand to take over the defense, ... this request [for a ruling on the duty to indemnify] sought a declaration on a matter which might never arise.”
• stating that, in a declaratory judgment action, questions about a duty to defend were “a real and present controversy” while questions about a duty to indemnify “sought a declaration on a matter which might never arise”
• “The mandatory obligation of a District Court to accept and determine a suit for declaratory relief is not commensurate with the full scope of a ‘case or controversy’ within the constitutional sense.”
• “The damage suits had never been tried. No one had yet paid or become legally liable to pay. Whether anything will be paid or be legally payable, no one, on this record, yet knows.”

Source: CourtListener parenthetical corpus (CC0).