Smithers Construction, Inc. v. Bituminous Casualty Corp.

How courts have described this case

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

• “retain[ing] jurisdiction over the duty to defend and indemnification issues” but “only address[ing]” the duty to defend until the underlying action was resolved
• denying motion for remand and abstention given the absence of parallel state court litigation that would resolve the insurance coverage dispute
• “[A]n insurer’s duty to indemnify is not ripe for adjudication in a declaratory judgment action until the insured is in fact held liable in the underlying suit.” (citation omitted)
• ‘An insurers duty to indemnify is not ripe for adjudication in a declaratory judgment action until the insured is in fact held liable in the underlying suit.” (quotation marks omitted)
• “[A]n insurer’s duty to indemnify is not ripe for adjudication in a declaratory judgment 1 It is undisputed that Georgia law applies to this coverage dispute. action until the insured is in fact held liable in the underlying suit.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Cited by

5 cases in this archive cite this case.

• Nationwide Mutual Fire Insurance v. Dillard House, Inc.
  N.D. Georgia· 2009-08-28· cited 19×
• Evanston Insurance v. Gaddis Corp.
  S.D. Florida· 2015-09-01· cited 17×
• Scottsdale Insurance v. GFM Operations, Inc.
  S.D. Florida· 2011-04-12· cited 9×
• Mid-Continent Cas. Co. v. Plastering
  M.D. Florida· 2018-09-24· cited 3×
• Northland Insurance v. Top Rank Trucking of Kissimmee, Inc.
  M.D. Florida· 2011-11-09· cited 2×

Cites

7 cases in this archive are cited by this case.

• Wilton v. Seven Falls Co.
  Supreme Court· 1995-06-12· cited 2,521×
• Ameritas Variable Life Insurance v. Roach
  Eleventh Circuit· 2005-06-13· cited 179×
• Jones v. Florida Ins. Guar. Ass'n, Inc.
  Supreme Court of Florida· 2005-07-07· cited 172×
• State Auto Ins. Companies v. Summy
  Third Circuit· 2000-12-01· cited 113×
• Northland Casualty Co. v. HBE Corp.
  M.D. Florida· 2001-09-13· cited 91×
• Prudential Insurance Co. of America v. Doe
  Eighth Circuit· 1998-04-06· cited 65×
• Federal Reserve Bank of Atlanta v. Thomas
  Eleventh Circuit· 2000-07-31· cited 50×