607 F. Supp. 743 - Siligato v. Welch’s Empirical Analysis
1985
Citation profile
2 state decisions
How this case has been cited
Cited by 4 later decisions — most recently September 2005
2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1441
Relies on United States v. Diebold, Inc. · Heyman v. Commerce & Industry Insurance · Quinn v. Syracuse Model Neighborhood Corp. · American International Group, Inc. v. London American International Corp. · Schwabenbauer v. Board of Education
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The excess carrier's duty to defend is secondary to the duty of the primary insurer, but it is no less real a duty. * * * Metropolitans' settlement with Siligato may have discharged its duty to indemnify, and its concomitant duty to settle, but it did not terminate its duty to defend its insured to the conclusion of the claims which are within the coverage. [Citation.] The settlement may have escalated the immediacy and the degree of Allstate's participation in its insured's defense. In any default of the primary carrier's defense of their two insurers' joint insured, Allstate may be obligated to assume up to the total defense of the insured subject to its right to be indemnified by the primary insurer for its expenses incurred by the excess insurer in discharging the primary insurer's duty to defend.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.