Travelers Property Casualty Insurance Co. of America v. National Union Insurance

How courts have described this case

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

• applying law-of-the-case to subsequent subrogation claim between insurers after final judgment was rendered on underlying coverage litigation dispute where parties in the subsequent action were defendants in the prior actions
• “[W]e read the relevant provisions, each in the context of its corresponding insurance policy as a whole[.]”
• “In applying state law, . . . [w]hen the state’s highest court has not spoken, . . . [w]e may look to decisions of the state’s intermediate courts.”
• The general law in Missouri is that “the insured maintains legal title to the right to sue third parties and sole authority to maintain such suits, and the insurer holds only the right to later assert a claim against proceeds recovered.”
• “[W]e have stated that the doctrine is not applicable to interlocutory orders.” (citing Gander Mountain Co. v. Cabela’s Inc., 540 F.3d 827, 830–31 (8th Cir. 2008), as refusing to apply the law- of-the-case doctrine based on a determination implicit in an interlocutory order)

Source: CourtListener parenthetical corpus (CC0).