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· 1/14/1987

Federal Kemper Insurance Company v. Rauscher, Richard H. And Griffith, Robert and Griffith, Linda. Appeal of Robert and Linda Griffith

Citations

  • 807 F.2d 345

How courts have described this case

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

  • holding that “abuse of discretion” is the standard under which Rule 59(e) motion denials are reviewed
  • holding that the default of the insured does not impact the injured party's ability to defend itself in a declaratory judgment action by the insurer
  • recognizing that \it would be anomalous to hold that the [third parties] should not be given an opportunity to estab- lish their case against [the insurer] because of a default which they could not prevent\
  • “Concluding that the injured party has an independent, and not a derivative right, to be heard, is not only jurisprudentially sound, but is also realistic[.]”
  • “Concluding that the injured party has an independent, and not a derivative right, to be heard, is not only jurispruden-tially sound, but is also realistic[.]”
  • stating that injured third party \ha[s] standing to defend the declaratory judgment action despite the absence of . . . the actual insured\

Source: CourtListener parenthetical corpus (CC0).

Judges: Adams, Higginbotham, Garth

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.