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Michigan Supreme Court· 12/23/1982

Stockdale v. Jamison

Citations

  • 330 N.W.2d 389
  • 416 Mich. 217

How courts have described this case

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

  • holding that a garnishee-defendant may be liable for breaching a “duty to defend” when the parties litigate, and a court decides, whether a breach of contract occurred
  • finding that where the express terms of the contract govern, questions of good or bad faith should.not be considered
  • holding that, when an insurer breaches its contractual obligation to defend its insured, the insurer is liable to the insured for all the costs associated with the insured’s defense should it later be determined that the failure to defend breached the contract
  • duty to defend “arises solely from the language of the insurance contract”
  • duty of good faith is not implied where express terms of contract govern dispute
  • “If the insurer had an obligation to defend and failed to fulfill that obligation, then, like any other party who fails to perform its contractual obligations, it becomes liable for all foreseeable damages flowing from the breach.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ryan, Fitzgerald, Kavanagh, Williams, Coleman, Levin, Riley

Read full opinion on CourtListener

Cited by

46 cases in this archive cite this case; the 20 most cited are listed.

Cites

17 cases in this archive are cited by this case.

Other cases named Stockdale v. Jamison

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.