· 8/10/1964
Moffat v. Metropolitan Casualty Insurance Co. of New York
Citations
- 238 F. Supp. 165
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that under Pennsylvania law, as predicted by Third Circuit, statutory bad faith claim (a) was subject to two-year tort statute of limitations period and (b) began to run with letter “unambiguously inform[ing insured] of its refusal to defend”
- admonishing that “[i]n the inspection of the complaint to determine potential coverage, the insurer cannot take the viewpoint of a common law pleader”
- also concluding that breach of contract claims were unmaintainable where underlying litigation was clearly outside policy coverage
- further noting that it would be “inefficient for plaintiff to” sue for coverage “prior to that time”, when “the defense and indemnity expenses incurred ... are- not determined”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sheridan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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