· 6/24/2009
Supervalu, Inc. v. Wexford Underwriting Managers, Inc.
Citations
- 175 Cal. App. 4th 64
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that if the relevant “language is ‘reasonably susceptible’ to the interpretation urged” in the first step, the “extrinsic evidence” used in the first step “is then admitted to aid the second step — interpreting the contract.”
- permitting claims for money had and received and for unjust enrichment 9 given factual allegations about mistake in performance of a contract
- rejecting argument that existence of contract precludes 10 || quasi-contractual relief for mistaken payment
- indemnity provision in excess insurer contract required \last day of exposure\ to take place within the policy period
- “As a general rule, equitable concepts of unjust enrichment dictate that 25 when a payment is made based upon a mistake of fact, the payor is entitled to restitution unless the 26 payee has, in reliance on the payment, materially changed its position.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ashmlann-Gerst
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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