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· 9/20/1976

Maryland Casualty Co. v. Peppers

Citations

  • 355 N.E.2d 24
  • 64 Ill. 2d 187
  • 1976 Ill. LEXIS 361

How courts have described this case

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

  • holding that declaratory judgment action was premature due to overlapping issues in that action and in tort suit
  • holding that the trial court in a declaratory judgment action abuses its discretion when it determines any of the “ultimate facts upon which recovery is predicated” in the underlying case
  • noting that “the duty to indemnify ‘arises only if the facts alleged [in the complaint] actually fall within coverage’”
  • stating that an insurer may be estopped from asserting a noncoverage defense where the insurer undertook defense of an action, but requiring prejudice to the insured as a result of the insurer’s undertaking said defense
  • stating that an insurer may be estopped from assert- ing a noncoverage defense where the insurer undertook defense of an action, but requiring prejudice to the insured as a result of the insurer’s undertaking said defense
  • precluding declaratory-judgment action from making ultimate factual findings that would interfere with adjudication of underlying action

Source: CourtListener parenthetical corpus (CC0).

Judges: Ryan, Crebs

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.