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FISHER v. HARTFORD ACCIDENT AND INDEMNITY COMPANY

No. 14214.

329 F.2d 352 (1964)

Howard T. FISHER, Howard T. Fisher & Associates, Inc., an Illinois Corporation, and Thomas H. Fisher, Plaintiffs-Appellants, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 20, 1964.

Attorney(s) appearing for the Case

Thomas Hart Fisher, Norman Crawford, Chicago, Ill., for plaintiffs-appellants.

Francis B. Libbe, David Jacker, John W. Kearns, Jr., Chicago, Ill., for defendant-appellee, Kirkland, Ellis, Hodson, Chaffetz & Masters, Chicago, Ill., of counsel.

Before DUFFY, CASTLE, and KILEY, Circuit Judges.

KILEY, Circuit Judge.

The district court dismissed this diversity suit because the "matter in controversy" did not exceed $10,000.00.1 Plaintiffs have appealed.

The decisive issue is: At what time did Hartford's obligation to defend its insureds2 in suits against them arise. The district court decided the obligation did not arise until after the suits were filed, thereby limiting insured's right to...

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