First American National Bank v. Fidelity & Deposit Company of Maryland

How courts have described this case

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

• finding the requirement met when a cash payment was to 6 be made “immediately”
• “Dismissal without leave to amend is improper unless it is 6 clear, upon de novo review, that the complaint could not be saved by any amendment.”
• “Dismissal without leave to amend is improper unless it is 6 clear, upon de novo review, that the complaint could not be saved by any amendment.”
• insurer has burden of establishing that loss results from cause falling within policy exclusion
• “We cannot adopt any unexpressed meaning of the phrase merely to create ambiguity where none exists. The court is not authorized to pervert language or exercise its creative powers to find other meanings for a term expressed with sufficient clarity to reflect the parties’ intent.”
• “Shumway’s naked reference to ‘due process’ . . . was 6 insufficient to state a federal claim. ‘[I]t is not enough to make a general appeal to a 7 constitutional guarantee as broad as due process to present the ‘substance’ of such a claim 8 to a state court.’”

Source: CourtListener parenthetical corpus (CC0).