· 6/13/2003
Maryland Casualty Company, W.R. Grace & Co. v. Continental Casualty Co.
Citations
- 332 F.3d 145
- 33 Envtl. L. Rep. (Envtl. Law Inst.) 20225
- 2003 U.S. App. LEXIS 11718
- 2003 WL 21363390
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “[t]he dearth of New York cases applying the laws of more than one state to an insurance policy — or any contract — is a significant factor in our decision” to apply only New York law
- stating, “the interest [of a state in which a waste site is located] diminishes when the question is not whether someone will or can pay for the cleanup but rather who will pay”
- interpreting the meaning of \sudden and accidental\ under New York law
- “[T]he location of the insured risk carries little weight in a choice-of-law analysis where the risk is scattered throughout two or more states.”
- “The general rule ... is that contracts are interpreted in accordance with the law in effect at the time of their formation.”
- “A federal court sitting in diversity applies the choice-of-law rules of the forum state.” (citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Kearse, Parker, Rakoff
Read full opinion on CourtListenerSourced 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.