· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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