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· 4/11/1989

Insurance Company of North America, Inc. v. U.S. Gypsum Company, Inc.

Citations

  • 870 F.2d 148
  • 1989 WL 20861

How courts have described this case

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

  • finding a remark made during opening statement of a three-week trial between “two large corporations” insufficient to be prejudicial
  • suggesting but not holding that defense counsel’s opening statement—“asking the jurors to consider whether any of them would like to be accused of fraud based upon the evidence which they were about to hear”—was improper
  • “[T]he fact that it is known that subsidence [and the resulting property damage] will occur does not mean that it will occur during the policy period.”
  • “[T]here is a fundamental distinction between the certainty of subsidence [from mining operations] and the certainty of resulting loss.”
  • “All risk’ insurance contracts are a type of insurance where the insurer agrees to cover all risks of loss except for certain excluded events.”
  • “All risk’ insurance contracts are a type of insurance where the insurer agrees to cover all risks of loss except for certain excluded events.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Sprouse, Chapman, Motz

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.