# Chemical Leaman Tank Lines, Inc. v. Aetna Casualty & Surety Co.

> Court of Appeals for the Third Circuit · June 20, 1996 · 89 F.3d 976

URL: https://www.frixlaw.com/law-library/cases/9815993

## Case

- **Full name:** CHEMICAL LEAMAN TANK LINES, INC. v. the AETNA CASUALTY AND SURETY COMPANY; And Certain Underwriters at Lloyds, London, Subscribing to Insurance Policies Numbers WAR 6771, WAR 6772/A, C62P 10-117, L62P 10-117, 64P 3-121, L64P 3-121A, L64P 3-121B, C64P 3-121B, C65P 5-119, C65P 5-119A, L65P 5-119A, L66P 5-119A, C67P 4-158, L67P 4-158, C68P 2-116, L68P 2-116, C68P 2-116A, C68P 2-116B, L68P 2-116A, L68P 2-116B, C71-03-03-13, L71-03-03-13, C71-03-03-13A, C71-03-03-13B, L71-03-03-13A, L71-03-03-13B, C74-03-18-02, 77-01-19-23, 77-01-19-23A, C77-01-19-23B, 79-04-19-10, C80-02-19-09, C80-02-19-09B, L80-02-09A, L80-02-19-09A, L80-02-19-09B, C83-02-19-09, L83-02-19-09A, L83-02-19-09B, L83-02-19-09C, Robin Anthony Gildart Jackson, an Underwriter at Lloyds, London, Individually and in His Capacity as Representative Underwriter at Lloyds, London for Certain Subscribing Underwriters at Lloyds, London Who Subscribed to Certain Liability Insurance Policies Issued to Plaintiff Chemical Leaman Tank Lines, Inc.; Accident and Casualty Company of Winterthur; Alba General Insurance Company Ltd.; Allianz Cornhill International Insurance PLC, Formerly Known as Allianz International Insurance Company Ltd.; Anglo-French Insurance Company Ltd.; Argonaut Northwest Insurance Company; Assicurazioni Generali Spa; Baloise Fire Insurance Company; Bellefonte Insurance Company Ltd.; British National Life Insurance Society Ltd.; CNA International Reinsurance Co. Ltd., Formerly Known as CNA Reinsurance of London Ltd.; Delta Lloyd Non-Life Insurance Company; Dominion Insurance Company Ltd.; Drake Insurance Company Ltd.; Edinburgh Insurance Company; Excess Insurance Company Ltd.; Fidelidade Insurance Company; Folksam International Insurance Company (U.K.) Ltd.; Helvetia Accident Swiss Insurance Company; Indemnity Marine Assurance Company, Ltd.; Lexington Insurance Company Ltd.; London & Overseas Insurance Company, Ltd.; London & Edinburgh Insurance Company, Ltd.; London & Scottish Assurance Corporation, Ltd.; Gan Minster Insurance Company, Formerly Known as Minster Insurance Company Ltd.; National Casualty Company; National Casualty Insurance of America, Ltd.; New London Reinsurance Company, Ltd.; North Atlantic Insurance Company Ltd., Formerly Known as British National Insurance Co. Ltd.; Orion Insurance Company Ltd.; Pine Top Insurance Company Ltd.; River Thames Insurance Company Ltd.; Scottish Lion Insurance Company; Sovereign Marine and General Insurance Company, Ltd.; Sphere Insurance Company Ltd.; St. Katherine Insurance Company Ltd.; Stronghold Insurance Company Ltd.; Swiss Union General Insurance Company Ltd.; Taisho Marine & Fire Insurance Company (Europe) Ltd., Formerly Known as Taisho Marine & Fire Insurance Company (U.K.) Ltd.; Tokio Marine & Fire Insurance Company (U.K.) Ltd.; Turegum Insurance Company Ltd.; Unionamerica Insurance Company; United Standard Insurance Company Ltd.; Winterthur Swiss Insurance Company; World Auxiliary Insurance Corporation Ltd.; Yasuda Insurance Company (U.K.) Ltd. (Hereinafter Collectively Referred to as “Jackson & Companies”), Appellants at No. 93-5777, Aetna Casualty and Surety Company (“AETNA”), Appellant at No. 93-5794
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** June 20, 1996
- **Citations:** 89 F.3d 976; 44 Fed. R. Serv. 1292; 27 Envtl. L. Rep. (Envtl. Law Inst.) 20083; 1996 U.S. App. LEXIS 14887
- **Opinion:** On rehearing
- **Judges:** Scirica, Nygaard, McKee, Becker, Stapleton, Mansmann, Cowen, Alito, Roth, Lewis, Sarokin
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9815993

## How later opinions describe it (automated extraction)

- explaining that a “sterile and shallow” investigatory system— that routinely fails to sustain complaints of excessive force—can establish deliberate indifference

## Opinion text

SUR PETITION FOR REHEARING
The petition for rehearing filed by appellants Robin Anthony Gildart Jackson, an Underwriter at Lloyds, London, et al. in the above-entitled case having been submitted to the judges who participated in the decision of this Court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular service not having voted for rehearing, the petition for rehearing by the panel and the Court in banc, is denied. Judge McKee would grant rehearing.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9815993. Public record. Not legal advice.