Continental Casualty Co. v. North American Capacity Insurance

How courts have described this case

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

• stating that “the facts of each case must be considered” when evaluating a claim for contractual subrogation
• refusing to encourage insurers “to breach their duties to defend rather than place their insured’s interests above their own by defending and seeking reimbursement later”
• “Although it is undisputed that Encompass never paid its self-insured retention limit, the policy does not explicitly require the insured to pay the amount itself.”
• “[W]e have recognized that the Mid- Continent bar to recovery is narrow and limited to the facts of that case.”
• “When the [double jeopardy] claim is made in relation to state offenses, federal courts are essentially bound by state court interpretations of state legislative intent on this score.”

Source: CourtListener parenthetical corpus (CC0).