· 6/11/1920
Chesapeake & Ohio Railway Co. v. Blackburn
Citations
- 188 Ky. 456
- 222 S.W. 99
- 1920 Ky. LEXIS 302
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Whether the insurer must foot the bill for defense and liability in the underlying suit is the essence of the coverage dispute, so of course [both defense and indemnity] count[].”
- “[w]hether the insurer must foot the bill for defense and liability in the underlying suit is the essence of the coverage dispute, so of course [both defense and indemnity] count”
- “[B]oth the cost of providing a defense and the potential cost of indemnifying [the insured] count toward the amount in controversy. This remains the case even where—as here—the underlying lawsuit remains pending.”
- amount in controversy satisfied where underlying negligence claims exposed plaintiff to significant damages
- notice of removal identified citizenship of nondiverse defendants that were allegedly fraudulently joined
- “The Seventh Circuit in no way suggested in Morris that the fraudulent joinder doctrine could not be used to oust a non-diverse defendant, just because that defendant happens to also be a resident of the state in which the suit was brought.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Clay
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.