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· 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 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.