· 7/2/1993
Comerica Bank v. Lexington Insurance Company
Citations
- 3 F.3d 939
- 1993 U.S. App. LEXIS 17656
- 1993 WL 331476
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting with respect to insurance policy that “[t]he contract language will be given its ordinary and plain meaning, rather than a technical or strained construction.”
- “district court was within its discretion to take judicial notice of the dictionary definition of the word “arising” when interpreting contract
- “With a 12(b)(1) motion, a court may weigh the evidence 4 to determine whether it has jurisdiction.”
- “[T]he district court correctly refused to insert the distinction between corporate and representative capacity which plaintiff was advocating, because the distinction was not to be found anywhere in the insurance policy.”
- “District courts have ‘inherent power’ to control their dockets.”
- “Under Michigan law, the office of interpretation or construction is to ascertain the intention of the parties from the words which have been used; [t]he court is not at liberty to insert words which have been omitted, and which are not to be found in the instrument.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kennedy, Siler, Contie
Read full opinion on CourtListenerSourced 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.