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COLTON v. SWAIN

No. 74-1572.

527 F.2d 296 (1975)

Robert COLTON, Plaintiff, v. John B. SWAIN et al., Defendants and Third-Party Plaintiffs-Appellees, v. PACIFIC INDEMNITY CO., a corporation, Third-Party Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 17, 1975.

Attorney(s) appearing for the Case

Jay S. Judge and James R. Schirott, Park Ridge, Ill., for appellant.

David P. Schippers, Chicago, Ill., John J. Bowman, State's Atty., and Malcolm F. Smith, Asst. State's Atty., Wheaton, Ill., for appellees.

Before CASTLE, Senior Circuit Judge, and SWYGERT and PELL, Circuit Judges.

SWYGERT, Circuit Judge.

There are two questions presented on this appeal: whether a liability insurance policy covers actions brought under 42 U.S.C. § 1983 and, even if it should, does the inclusion of a no-action clause and a no-impleader/joinder clause bar a third-party action to determine the extent of coverage prior to a judgment of liability against the insured? The district court denied the insurer's motion to dismiss the third-party complaint, holding...

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