· 12/19/1988
Uniroyal, Inc. v. Home Insurance
Citations
- 707 F. Supp. 1368
- 1988 U.S. Dist. LEXIS 14646
- 1988 WL 148677
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- accepting parties’ stipulation that New York law applied to their insurance contracts where there was no strong public policy against applying New York law
- noting, in an Agent Orange products liability case, that New York's canon of construing insurance policies against the insurer \would seem to have special vigor when applied to a policy . . . which is by its own terms denominated a 'comprehensive general liability policy.'\
- “However, it is the Court’s role to determine the value or existence of extrinsic evidence produced by the parties.”
- “the terms of the definition of ‘occurrence’ are partly ambiguous: they identify a set of possible occurrences, but give little assistance in selecting the proper item from that set”
- “Th[e] [joint and several] approach could easily be extremely unfair to an insurer who was on the risk for a day but who then is burdened with the entire loss incurred over several years.”
- differing terms of definition of “occurrence” render term ambiguous
Source: CourtListener parenthetical corpus (CC0).
Judges: Weinstein
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.