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).