· 2/5/1998
American States Insurance v. Bailey
Citations
- 133 F.3d 363
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that “[t]he district court thus had jurisdiction to rule on the duty to indemnify despite the fact that the underlying state court suit had not yet reached final judgment”
- holding that an insurer had no duty to defend or to indemnify under a coverage exclusion providing that “no coverage exists for claims or suits brought against any insured for damages arising from sexual action”
- stating that alleged sexual (same); Freedman v. Cigna Ins. Co. of Texas, 976 misconduct giving rise to intentional tort and neg- S.W.2d 776, 779 (Tex. App.SSHouston [1st Dist.] (continued...) 1998, no pet.) (same
- noting that “arising out of” terms in insurance policies are “broad, general, and comprehensive terms effecting broad coverage” are “understood to mean ‘originating from,’ ‘having its origin in,’ ‘growing out of’ of ‘flowing from.’” (cleaned up) (applying Texas law)
- indicating the phrase “arising out of’ is indistinguishable from the phrase “arising from”
- applying de novo review to a district court's determination that a declaratory judgment action presented an actual case or controversy, while reviewing the district court's decision to exercise its declaratory judgment jurisdiction for abuse of discretion under Wilton
Source: CourtListener parenthetical corpus (CC0).
Judges: King, Jones, Kendall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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