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Home / Opinion Digests / Civil Practice / Civil Practice – Standing – Tort/Negligence – Wrongful Death – Insurance – Declaratory Judgment Action (access required)

Civil Practice – Standing – Tort/Negligence – Wrongful Death – Insurance – Declaratory Judgment Action (access required)

QBE Insurance Corp. v. Sellers In the underlying state-court wrongful death action, defendant Sellers is suing plaintiff’s insured. In this action, plaintiff seeks a declaratory judgment that its general commercial liability policy does not require plaintiff to defend or indemnify its insured in the wrongful death action. Even though, under S.C. law, Sellers might not have standing to assert a counterclaim alleging that an additional policy applies, under federal law, Sellers has standing to assert such a counterclaim.

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