· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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