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· 2/21/2007

Liberty Mutual Fire Insurance v. E.E. Cruz & Co.

Citations

  • 475 F. Supp. 2d 400
  • 2007 U.S. Dist. LEXIS 13642
  • 2007 WL 582500

How courts have described this case

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

  • “It is therefore error to consider affidavits and exhibits submitted by defendants, or rel[y] on factual allegations contained in legal briefs or memoranda, in ruling on a 12(b)(6) motion to dismiss.”
  • “It is . . . error to consider affidavits and exhibits submitted by defendants, or rely on factual allegations contained in legal briefs or memoranda, in ruling on a 12(b)(6) motion to dismiss.”
  • “the general rule of construction to be used in interpreting insurance policies is that words are to be given their ordinary meaning and, if an ambiguity arises, it should be resolved in favor of the insured”

Source: CourtListener parenthetical corpus (CC0).

Judges: Holwell

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.