Clemmer v. Hartford Insurance Co.

How courts have described this case

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

• concluding that the element of intent could not be effectively isolated
• finding no privity where issue of “wilfullness” of homicide was litigated first as criminal defense and later to recover defendant’s liability insurance
• refusing to apply issue preclusion to the holders of a wrongful death judgment where the convicted insured may have withdrawn a plea of insanity for strategic reasons
• “[T]his requirement of identity of parties or privity is a requirement of due process of law.”
• insurer not exonerated from liability under section 533 unless insured acted with a “preconceived design to inflict injury”
• insurer made no showing that it would have defended if it had had timely tender of defense

Source: CourtListener parenthetical corpus (CC0).