Manley, Bennett, McDonald & Co. v. St. Paul Fire & Marine Ins. Co., Defendant-Third-Party v. John S. Albright, Third-Party-Defendants, 791 F.2d 460 (3d Cir. 1986). · Go Syfert
Manley, Bennett, McDonald & Co. v. St. Paul Fire & Marine Ins. Co., Defendant-Third-Party v. John S. Albright, Third-Party-Defendants, 791 F.2d 460 (3d Cir. 1986). Cases Citing This Book View Copy Cite
122 citation events (64 in the last 25 years) across 13 distinct courts.
Strongest positive: Grange Mutual Casualty Co. v. Safeco Insurance Co. of America (kyed, 2008-07-16)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Grange Mutual Casualty Co. v. Safeco Insurance Co. of America (3×) also: Cited as authority (rule)
E.D. Ky. · 2008 · quote attribution · 1 verbatim quote · confidence high
such actions ... should normally be filed, if at all, in the court that has jurisdiction over the litigation which gives rise to the indemnity problem. otherwise confusing problems of scheduling, orderly presentation of fact issues and res judicata are created.
cited Cited as authority (rule) Argonaut Insurance Company v. City of Ann Arbor
E.D. Mich. · 2025 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir. 1986)).
discussed Cited as authority (rule) West Bend Mutual Insurance, Company v. Wood Tree Service, LLC (2×)
M.D. Tenn. · 2025 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir. 1986); see also Travelers Indem.
cited Cited as authority (rule) Poynter v. National Casualty Company
E.D. Ky. · 2025 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir. 1986)).
cited Cited as authority (rule) Brunswick TKTKonnect, LLC v. Kavanaugh
W.D. Ky. · 2023 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir. 1986) (“Such actions … should normally be filed, if at all, in the court that has jurisdiction over the litigation which gives rise to the indemnity problem.
cited Cited as authority (rule) Meridian Security Insurance Company v. United Financial Casualty Company
E.D. Ky. · 2023 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir. 1986)).
cited Cited as authority (rule) Nautilus Insurance Company v. Colvin
W.D. Ky. · 2022 · confidence medium
Co., 791 F.2d 460, 462-63 (6th Cir. 1986)).
cited Cited as authority (rule) Burns v. American Fire and Casualty Company
E.D. Ky. · 2022 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir. 1986)).
cited Cited as authority (rule) Cincinnati Specialty Underwriters Insurance Company v. Central Kentucky Lodging, Inc.
E.D. Ky. · 2021 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir. 1986) (internal quotation marks omitted)).
cited Cited as authority (rule) Shelter Mutual Insurance Company v. Spurlin
E.D. Ky. · 2021 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir. 1986)).
cited Cited as authority (rule) State Farm Fire and Casualty Company v. Skarl
E.D. Mich. · 2021 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir. 1986)).
cited Cited as authority (rule) State Farm Fire and Casualty Company v. Skarl
E.D. Mich. · 2021 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir. 1986)).
cited Cited as authority (rule) Citizens Insurance Company of the Midwest v. Micheli
E.D. Mich. · 2020 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir. 1986)).
cited Cited as authority (rule) Cherry v. American Country Insurance Company
E.D. Mich. · 2020 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir. 1986).
cited Cited as authority (rule) Cherry v. American Country Insurance Company
E.D. Mich. · 2020 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir. 1986).
cited Cited as authority (rule) Frankenmuth Mutual Insurance Company v. Balis Campbell, Inc.
E.D. Ky. · 2020 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir. 1986)).
cited Cited as authority (rule) Mass. Bay Ins. Co. v. Christian Funeral Dir.
6th Cir. · 2018 · confidence medium
Co., 791 F.2d 460, 462 (6th Cir. 1986). 6 No. 18-5267, Mass. Bay Ins. v. Christian Funeral Dir., et al. these cases might also be explained by their different factual scenarios.” Id. at 555 .
discussed Cited as authority (rule) Westfield Insurance v. Arnold (2×)
E.D. Ky. · 2016 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir.1986)).
discussed Cited as authority (rule) McCormack v. Scottsdale Insurance
E.D. Mich. · 2015 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir.1986)); see also AmSouth Bank v. Dale, 386 F.3d 763, 786 (6th Cir.2004) (citing 10B Wright, Miller & Mary Kay Kane § 2765 at 638 (3d ed. 1998) (“[I]t is not one of the purposes of the declaratory judgments act to enable a prospective negligence action defendant to obtain a declaration of nonliability.”)).
cited Cited as authority (rule) Allstate Insurance v. Renou
E.D. Mich. · 2014 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir.1986) (emphasis added).
cited Cited as authority (rule) Aspen Insurance UK Ltd. v. Murriel-Don Coal, Inc.
E.D. Ky. · 2011 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir.1986) (emphasis added).
cited Cited as authority (rule) Motorists Mutual Insurance v. Thacker Memorial Inc.
E.D. Ky. · 2010 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir.1986).
cited Cited as authority (rule) Travelers Indemnity v. Bowling Green Prof
6th Cir. · 2007 · confidence medium
Co., 791 F.2d 460, 462 (6th Cir. 1986).
cited Cited as authority (rule) Travelers Indemnity Co. v. Bowling Green Professional Associates, PLC
6th Cir. · 2007 · confidence medium
Co., 791 F.2d 460, 462 (6th Cir.1986).
cited Cited as authority (rule) Travelers Indemnity Co. v. Bowling Green Professional Associates, PLC
W.D. Ky. · 2006 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir.1986)).
cited Cited as authority (rule) Nationwide Mutual Fire Insurance v. Creech
E.D. Ky. · 2006 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir.1986)).
cited Cited as authority (rule) WESTFIELD INSURANCE v. Mainstream Capital Corp.
E.D. Mich. · 2005 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir.1986)).
discussed Cited as authority (rule) Bituminous Casualty Corporation v. J & L Lumber Company, Inc. (2×) also: Cited "see"
6th Cir. · 2004 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir.1986).
cited Cited as authority (rule) Bituminous Casualty v. J & L Lumber Co Inc
6th Cir. · 2004 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir. 1986).
discussed Cited as authority (rule) Bituminous Casualty Corp. v. Combs Contracting Inc.
E.D. Ky. · 2002 · confidence medium
Paul Fire & Marine Insurance Co., 791 F.2d 460, 462-63 (6th Cir.1986) (describing a indemnity action after conclusion of the state court trial as “a superior alternative remedy”); American Home Assurance Co. v. Evans, 791 F.2d 61, 62 (6th Cir.1986) (describing “a traditional indemnity action” as “a more appropriate means of enforcement”).
discussed Cited as authority (rule) Northern Insurance of New York v. Addison Products, Inc.
E.D. Mich. · 2001 · confidence medium
Paul Fire & Marine Insurance Co., 791 F.2d 460, 462-63 (6th Cir.1986) (describing a indemnity action after conclusion of the state court trial as “a superior alternative remedy”); American Home Assurance Co. v. Evans, 791 F.2d 61, 62 (6th Cir.1986) (describing “a traditional indemnity action” as “a more appropriate means of enforcement”).
discussed Cited as authority (rule) Scottsdale Ins Co v. Roumph
6th Cir. · 2000 · confidence medium
Co., 791 F.2d 460, 462 (6th Cir. 1986) (de novo review)); The district court also considered concerns about federalism see Mercier, 913 F.2d at 277 (“When the record contains no expressed in Wilton v. Seven Falls Co., 515 U.S. 277 (1995), indication that the district court considered these criteria and and added additional factors to consider including: factors, this court has the option either to apply them on appeal or to remand to the district court for this exercise.”). 1. whether the underlying factual issues are important to an informed resolution of the case; Several of the cases me…
discussed Cited as authority (rule) Scottsdale Insurance Company v. Beverly Roumph, Individually and as Next Friend of Lavina Roumph Lavina Roumph
6th Cir. · 2000 · confidence medium
Co., 791 F.2d 460, 462 (6th Cir.1986) (de novo review)); see Mercier, 913 F.2d at 277 (“When the record contains no indication that the district court considered these , criteria and factors, this court has the option either to apply them on appeal or to remand to the district court for this exercise.”).
cited Cited as authority (rule) Employers Ins. of Wausau v. Unisys Corp.
6th Cir. · 1996 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir.1986); see Allstate Ins.
cited Cited as authority (rule) Guaranty National Insurance Company v. Gary W. Cain Rosalie Cain Robert L. McClelland American Employers Insurance Co. Commercial Union Insurance Co. And Kentucky Farm Bureau Mutual Insurance Co.
6th Cir. · 1996 · confidence medium
Co., 791 F.2d 460, 462 (6th Cir.1986). 14 Taken together, these factors weigh against entertaining jurisdiction in this case.
discussed Cited as authority (rule) Aetna Casualty & Surety Company v. Sunshine Corporation (2×)
6th Cir. · 1996 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir.1986), that such declaratory judgment actions “should normally be filed, if at all, in the court that has jurisdiction over the litigation which gives rise to the indemnity problem.” That was done here — and because the instant case was filed in the same court that had jurisdiction over Crocker, there was no risk here of the sort of “confusing problems of scheduling, orderly presentation of fact issues and res judicata ” about which Judge Merritt was concerned in Manley, Bennett.
cited Cited as authority (rule) City of Toledo v. Beazer Materials & Services, Inc.
N.D. Ohio · 1996 · confidence medium
Co., 791 F.2d 460, 462 (6th Cir.1986).
cited Cited as authority (rule) Empire Indemnity Insurance v. Specialized Foster Care Services, Inc.
N.D. Ohio · 1995 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir.1986).
discussed Cited as authority (rule) Cox v. Amick (2×)
W. Va. · 1995 · confidence medium
Co., 791 F.2d 460, 462 (6th Cir.1986); Sears, Roebuck & Co. v. American Mut.
cited Cited as authority (rule) Kelley v. De Nemours and Company
6th Cir. · 1994 · confidence medium
Co., 791 F.2d 460, 462 (6th Cir.1986).
cited Cited as authority (rule) Kelley v. E.I. DuPont de Nemours & Co.
6th Cir. · 1994 · confidence medium
Co., 791 F.2d 460, 462 (6th Cir.1986).
cited Cited as authority (rule) Church of Scientology Int'l v. Kolts
C.D. Cal. · 1994 · confidence medium
Paid Fire & Marine Insurance Co., 791 F.2d 460, 462 (6th Cir.1986).
cited Cited as authority (rule) Commercial Union Insurance v. Cannelton Industries, Inc.
W.D. Mich. · 1993 · confidence medium
Co., 791 F.2d 460, 463 (6th Cir.1986)).
discussed Cited as authority (rule) Border v. Internal Revenue Service (In Re Border)
Bankr. S.D. Ohio · 1990 · confidence medium
Paul Fire & Marine Insurance Co., 791 F.2d 460, 462 (6th Cir.1986); De *591 troit, Toledo and Ironton Railroad Co. v. Consolidated Rail Corp., 767 F.2d 274, 279 (6th Cir.1985); Mead Corp. v. Stuart Hall Co., 679 F.Supp. 1446, 1450 (S.D.Ohio 1987).
cited Cited as authority (rule) Carlos O'Dell Stockton and Mary Rebecca Stockton v. General Accident Insurance Co.
6th Cir. · 1990 · confidence medium
Co., 791 F.2d 460, 462 (6th Cir.1986) (quoting Grand Trunk, 746 F.2d at 326 ). 28 We conclude, therefore, that General Accident did not assert a claim for a declaratory judgment.
cited Cited as authority (rule) Collin County v. Homeowners Ass'n for Values Essential to NeighBorhoods (Haven)
N.D. Tex. · 1989 · confidence medium
Paul Fire & Marine Insurance Co., 791 F.2d 460, 462 (6th Cir.1986).
cited Cited as authority (rule) Greene v. Bowen
E.D. Pa. · 1988 · confidence medium
Co., 791 F.2d 460, 462 (6th Cir.1986). .
discussed Cited as authority (rule) United States v. Bay Mills Indian Community (2×) also: Cited "see, e.g."
W.D. Mich. · 1988 · confidence medium
Co., 791 F.2d 460, 462 (6th Cir.1986).
discussed Cited as authority (rule) Tricil Resources, Inc. v. Mutual Fire, Marine and Inland Insurance Company
6th Cir. · 1987 · confidence medium
Co., 791 F.2d 460, 462 (6th Cir.1986), this court stated the standard of review of district court decisions regarding declaratory judgments. 6 [T]he grant of declaratory judgment is discretionary with the trial court, but that discretion is reviewable on a de novo basis by the Court of Appeals.
discussed Cited as authority (rule) Century Indemnity Co. v. McGillacuty Inc., David Kennedy and Cindy Kennedy
8th Cir. · 1987 · confidence medium
Co., 791 F.2d 460, 462 (6th Cir.1986) {de novo review); Interdynamics, Inc. v. Wolf, 698 F.2d 157 , 167 nn. 9 & 10 (3d Cir.1982) (regular abuse of discretion standard applies when district court has granted declaratory relief, less deferential standard when it has declined jurisdiction).
Retrieving the full opinion text from the archive…
MANLEY, BENNETT, McDONALD & CO., Plaintiff-Appellee,
v.
ST. PAUL FIRE & MARINE INSURANCE CO., Defendant-Third-Party Plaintiff-Appellant, v. John S. ALBRIGHT, Et Al., Third-Party-Defendants
85-1006.
Court of Appeals for the Third Circuit.
May 27, 1986.
791 F.2d 460
1986 U.S. App. LEXIS 25327
Jeannette A. Paskin, Southfield, Mich., Paul Callam (argued), for defendant-third-party plaintiff-appellant., Robert S. Krause (argued), Detroit, Mich., for plaintiff-appellee.
Merritt, Jones, Edwards.
Cited by 80 opinions  |  Published
MERRITT, Circuit Judge.

This is a declaratory judgment action arising out of two stockbrokers’ fidelity bonds issued by St. Paul, committing it to indemnify Manley, Bennett, a stockbroker-age firm, against dishonest or fraudulent acts by its own general partners or employees. Because we find that this case is an inappropriate one for declaratory judgment, we vacate the judgment of the District Court and remand for dismissal.

I.

The dispute in this case arises out of two separate actions filed against Manley, Bennett in federal district court. The first was filed by Charles Tirone in the United States District Court for the Western District of New York; the second was filed by Lawrence Roth in the Eastern District of Michigan. The two cases were subsequently consolidated in the Western District of New York, where discovery is currently underway. The complaints allege several counts of fraud and violation of securities laws on the part of Manley, Bennett.

After the above actions were filed, Manley, Bennett contacted St. Paul regarding coverage under the bonds. The bonds exclude losses “directly or indirectly caused by ... misrepresentations as to the value of securities” or from “any violation” of the securities laws “unless such loss in the absence of such laws ... would be covered under the Insuring Agreement of this[*462] bond.” The “Court Costs and Attorneys’ Fees” provision allows the insuror at its “election” to defend, but, if it chooses not to defend, requires the insuror to indemnify for the costs of defending a claim covered by the policies.

St. Paul declined coverage on the theory that the cases fell outside the coverage language of the policies because the complaints alleged wrongdoing by Manley, Bennett as an entity against third parties, rather than fraud against Manley, Bennett by its own partners and employees. In addition, it declined because such wrongdoing fell within the exclusions to coverage of the bonds. Because it claimed that the complaints were not covered by the bonds, St. Paul also refused to assume the defense or commit itself to indemnify Manley, Bennett for costs incurred in defending the Tirone/Roth suits.

Manley, Bennett then filed this declaratory judgment action in the Eastern District of Michigan rather than New York where the suits are consolidated for trial. It seeks a declaration that St. Paul was obligated to provide coverage and to indemnify Manley, Bennett for the cost of the defense. District Judge Guy ruled that St. Paul was required to indemnify Manley, Bennett for court costs and attorney fees, but, as to the coverage issue, the Court granted Manley, Bennett’s motion for voluntary dismissal. St. Paul appeals the ruling requiring indemnification for the cost of defense.

II.

Under the Declaratory Judgment Act, 28 U.S.C. § 2201, the grant of declaratory judgment is discretionary with the trial court, but that discretion is reviewable on a de novo basis by the Court of Appeals. Thus, regardless of the District Court’s action, where the Court of Appeals is of the opinion that the case is an inappropriate one for declaratory judgment, it “should decline to advise the parties as to the law and refuse to decide the issues presented.” Grand Trunk Western R.R. v. Consolidated Rail Corp., 746 F.2d 323, 325-26 (6th Cir.1984) (declining to give declaratory judgment of indemnity issues where underlying actions in litigation in state court); American Home Assurance Co. v. Evans, 791 F.2d 61, 63 (6th Cir.1986). See also Green v. Mansour, — U.S. —, 106 S.Ct. 423, 428, 88 L.Ed.2d 371 (1985) (Declaratory judgment is discretionary with courts; decision of whether it is proper “may depend on equitable considerations,” and should be “informed by the teachings and experience concerning the functions and extent of federal judicial power.”)

In deciding whether a case is suitable for declaratory judgment, the court will look at such factors as (1) whether the judgment would settle the controversy; (2) whether the declaratory action would serve a useful purpose in clarifying the legal relations at issue; (3) whether the declaratory remedy is being used merely for the purpose of “procedural fencing” or “to provide an arena for a race for res judicata”; (4) whether the use of a declaratory action would increase friction between our federal and state courts and improperly encroach on state jurisdiction; and (5) whether there is an alternative remedy that is better or more effective. Grand Trunk, supra, 746 F.2d at 326.

We find that the instant case is not suitable for declaratory judgment. Because Manley, Bennett voluntarily dismissed its claim regarding coverage, the only issue that could be resolved here is that of St. Paul’s duty to indemnify Manley, Bennett for the costs of conducting the defense. [1] Even on that issue, however, a declaratory judgment would require further proceedings for enforcement.

It thus appears that this action would not be especially useful as either a method of resolving the question presented or of clarifying the legal relations at issue. Furthermore, a superior alternative remedy exists in the form of an action for indemnity after[*463] the conclusion of the Roth/Tirone trial. At that point, the court will have the benefit of the record in the liability trial, and (the outcome of that trial being known) the issue of coverage as to costs of defense will be shaped by the actual facts of the case as found by the court and its decision applying the law to the facts. As we outlined in the Grand Trunk and the American Home cases, declaratory judgment actions seeking an advance opinion on indemnity issues are seldom helpful in resolving an ongoing action in another court. Such actions for an advance determination in the nature of an advisory opinion should normally be filed, if at all, in the court that has jurisdiction over the litigation which gives rise to the indemnity problem. Otherwise confusing problems of scheduling, orderly presentation of fact issues and res judica-ta are created. We therefore find that the declaratory judgment was improvidently granted, and remand to the District Court with instructions to dismiss the complaint.

1

. Thus, should Manley, Bennett lose in the Western District of New York, a subsequent indemnity action will be necessary to determine the question of coverage.