· 9/3/1992
Christiania General Insurance Corporation of New York v. Great American Insurance Company
Citations
- 979 F.2d 268
- 1992 U.S. App. LEXIS 20937
- 1992 WL 337603
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a genuine issue of material fact was created by underwriter’s testimony that, if undisclosed information was brought to his attention, he would have inquired further and would have, likely, underwritten the policy only at a higher premium
- stating that a reasonable possibility that a claim could implicate a policy “may exist even though there are some factors that tend to suggest the opposite”
- explaining that an insurance contract “is governed by the rules of construction applicable to contracts generally”
- noting that reinsurance contracts are negotiated by “experienced” insurance companies
- rejecting characterization of relationship between reinsurer and rein-sured as fiduciary because reinsurance contracts are negotiated at “arms-length”
- rejecting ar gument that reinsured’s lack of candor to reinsurer supported finding of bad faith
Source: CourtListener parenthetical corpus (CC0).
Judges: Oakes, Meskill, Cardamone
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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