Cement & Concrete Workers District Council Pension Fund v. Ulico Casualty Co.

How courts have described this case

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

• “usual practice of the district courts in the Second Circuit 4 does appear to be to allow documents pertaining to drafting history to be discovered in coverage disputes by parties adverse to insurance companies”
• “Of course, a trustee may not hide behind the terms of the trust documents to protect himself from liability where there is an ‘inherent inconsistency’ between a provision in a plan document and a fiduciary duty expressed elsewhere in ERISA.’ ”
• “It is axiomatic that while the burden of persuasion remains with the same party throughout a litigation, the burden of production may shift onto a non-movant on summary judgment even if that party does not bear the ultimate burden of persuasion at trial.”

Source: CourtListener parenthetical corpus (CC0).