Premier Royalty Co. v. Cumberland Producing & Refining Co.

How courts have described this case

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

• finding the question of whether an insured owed a duty to defend, but not the question of whether it owed a duty to indemnify, ripe for adjudication before liability had been determined in underlying action
• finding the question of whether an insured owed a duty to defend, but not the question of whether it owed a duty to indemnify, ripe for adjudication before liability had been determined in underlying action
• “[A] declaratory judgment is not yet ripe for consideration regarding the duty to indemnify where, as here, the underlying action has not determined liability or adjudicated factual disputes.”
• “The express inclusion of the related, though distinct, tort of malicious prosecution in the [insurance policy], without a parallel inclusion of abuse of process, is corroborative of a contractual determination not to cover abuse of process claims.”
• “The reservation of rights, followed by orderly recourse to a declaratory judgment action for the judicial determination of the duty to defend, is a standard and prudent practice in the insurance industry, as recognized in the case law.”

Source: CourtListener parenthetical corpus (CC0).