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· 12/30/1982

American Insurance Company v. North American Company for Property and Casualty Insurance, Formerly Known as Service Fire Insurance Company of New York

Citations

  • 697 F.2d 79
  • 12 Fed. R. Serv. 397
  • 1982 U.S. App. LEXIS 22931

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • reinsurer not required, under follow-the-fortunes doctrine, to indemnify cedent for punitive damage award not contemplated by the terms of the insurance policy
  • \It is clear that the settlement here was primarily designed to compensate [the insured] for a punitive damage award that is excluded from the reinsurance policy.\
  • “It is clear that the settlement here was primarily designed to compensate [the insured] for a punitive damage award that is excluded from the reinsurance policy.”
  • “In some cases in which there is genuine ambiguity over what a settlement covers, a ‘follow the fortunes’ clause may oblige a reinsurer to contribute to a settlement even though it might encompass excluded items.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Friendly, Newman, Wyzanski

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.