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· 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 CourtListener

Sourced 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.