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· 3/9/1992

International Insurance Company, an Illinois Corporation v. McDermott Incorporated, a Delaware Corporation

Citations

  • 956 F.2d 93
  • 1992 A.M.C. 2594
  • 1992 U.S. App. LEXIS 3825
  • 1992 WL 42342

How courts have described this case

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

  • holding where insurer was first to file “service of suit clause ... has no application”
  • concluding that such an interpretation would “make the Service of Suit clause a convenient mechanism by which the insured could deprive the insurer of its right to seek a declaratory judgment or other redress from the courts.”
  • “[Under an] absolute reading of the clause, [an insured] might not even be required to respond to a declaratory judgment or other action filed against it by the insurer.”
  • “[T]he Service of Suit clause itself speaks only to actions brought by the insured. Thus, when the action is first instituted by the insurer, the Service of Suit clause simply has no application.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Politz, King, Johnson

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.