National Trust Insurance Co. v. Southern Heating and Cooling Inc.
| Docket Number | 20-11292 |
| Decision Date | 03 September 2021 |
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McKay v. Miami-Dade Cnty.
- United States
- U.S. Court of Appeals — Eleventh Circuit
- 9 Junio 2022
...large number of preset factors while at the same time characterizing them as non-exclusive. See Nat. Trust Ins. Co. v. Southern Heating and Cooling, Inc. , 12 F.4th 1278, 1286 (11th Cir. 2021) (explaining that because our list of guideposts for the exercise of discretion under the Declarato...... -
Auto-Owners Ins. Co. v. G&D Constr. Grp., Inc.
- United States
- U.S. District Court — Northern District of Georgia
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...duties to defend and indemnify against the claims in an underlying state tort lawsuit." Nat'l Tr. Ins. Co. v. S. Heating & Cooling Inc., 12 F.4th 1278, 1290 (11th Cir. 2021) (Brasher, J., concurring). Because this presents such a routine request for a declaration regarding an insurer's duti...... -
James River Ins. Co. v. Rich Bon Corp.
- United States
- U.S. Court of Appeals — Eleventh Circuit
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...are true, declaratory relief enables the insurance company to avoid the tort suit completely. Cf. National Trust Ins. Co. v. S. Heating & Cooling, Inc. , 12 F.4th 1278, 1290 (11th Cir. 2021). And even when the policy does apply, a declaratory suit allows the insurance company to resolve its...... -
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... ... 2021) (quoting Allstate Ins. Co. v. James , 845 F.2d 315, 318 (11th Cir ... ...
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Trial Practice and Procedure
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- Mercer University School of Law Mercer Law Reviews No. 73-4, June 2022
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...Id. at 1160.75. Id. (citing 28 U.S.C. § 1447(c)).76. Id. (quoting Quackenbush v. Allstate Ins. Co., 517 U.S. 706, 712 (1996)). 77. 12 F.4th 1278 (11th Cir. 2021).78. Id. at 1283.79. Id. at 1281-82. 80. Id. at 1282-83 (citing Ameritas Variable Life Ins. Co. v. Roach, 411 F.3d 1328, 1331 (11t......