Reisen v. Aetna Life & Casualty Co.

How courts have described this case

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

• holding that an action for declaratory judgment filed prior to resolution of tort case presented justiciable controversy, even though the determinative ' coverage issue would also be decided in tort case
• stating that controversy must be justiciable, i.e., claim must be based on present rather than future or speculative facts
• duty to defend excused where insured’s intentional act of striking plaintiff with car fell within policy’s exclusion
• declaratory judgment action held insured’s acts intentional and excused duty to defend despite claims of both negligence and intentional torts in complaint
• “the existence of the [good faith] duty wholly depended upon a condition precedent, that is, coverage under the policy”
• declaratory judgment action was appropriate

Source: CourtListener parenthetical corpus (CC0).