(DOWNLOAD) "Allstate Insurance Co. V. Mercier" by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Allstate Insurance Co. V. Mercier
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 04, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The issue for decision in this appeal is the appropriateness of a federal declaratory judgment determining liability of a party under a contract for tort damages being sought in a state court action. This court has attempted in recent years to prescribe a workable approach to deciding when it is appropriate for a district court to proceed in such cases under the discretionary jurisdiction granted by the Declaratory Judgment Act of 1934, 28 U.S.C. § 2201. See e.g., Grand Trunk W. R.R. Co. v. Consolidated Rail Corp., 746 F.2d 323 (6th Cir. 1984); American Home Assurance Co. v. Evans, 791 F.2d 61 (6th Cir. 1986); Manley, Bennett, McDonald & Co. v. St. Paul Fire & Marine Ins. Co., 791 F.2d 460 (6th Cir. 1986); Allstate Ins. Co. v. Green, 825 F.2d 1061 (6th Cir. 1987). Our decisions following Grand Trunk have focused on federal declaratory actions by insurers to obtain rulings on their duty to indemnify their insureds who have been sued in state tort actions.