Six Flags, Inc. v. Westchester Surplus Lines Insurance

How courts have described this case

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

• noting that it is appropriate to first address the issue of contractual ambiguity through extrinsic evidence before determining whether the presumption in favor of coverage applies
• noting that “the presumption does not apply where the insured is a sophisticated commercial entity that itself drafts or utilizes its agent to secure desired policy provisions”
• explaining that the purpose of Rule 56(d) “is to provide non-movants with a much needed tool to keep open the doors of discovery in order to adequately combat a summary judgment motion” (cleaned up)
• “In making an Erie guess, we must employ Louisiana’s civilian methodology, whereby we first examine primary sources of law: the constitution, codes, and statutes.”
• “The language of the policy is the starting point for determining [the parties’] intent.”
• “[U]nder Louisiana law, the presumption does not apply where the insured is a sophisticated commercial entity that itself drafts or utilizes its agent to secure desired policy provisions.”

Source: CourtListener parenthetical corpus (CC0).