United States Fidelity & Guaranty Co. v. Treadwell Corp.

How courts have described this case

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

• noting that after accounting for the selected insurer's right to contribution, the net results of all sums allocation would match those of pro rata allocation
• noting that the reach of the doctrine that prohibits a party in a contract suit from taking one position and then changing its position after litigation has begun is uncertain
• “[W]hatever inconsistency there is between the positions . . . pertains to the construction of insurance policies. To the extent relevant here, however, such an issue is one of law, not fact.”
• “Under this approach, the insured can recover only a share of its over-all loss from any one insurer, that share to be determined on the basis of some facially objective factor, such as the insurer’s proportion of time on the risk or proportion of total policy limits.”

Source: CourtListener parenthetical corpus (CC0).