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· 11/28/1995

United States Liability Insurance v. Selman

Citations

  • 70 F.3d 684
  • 1995 U.S. App. LEXIS 33255
  • 1995 WL 692980

How courts have described this case

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

  • discussing SCA and noting that SCA had “ ‘full knowledge’ of its probable liability for [the class members’] damages prior to purchasing the insurance policy”
  • applying Massachusetts law and recognizing that a majority of courts treat the known loss doctrine as an affirmative defense to a claim of coverage
  • “There are two iterations of the known loss doctrine. The doctrine exists both as a function of the standard general liability insurance contract and at common law”
  • “clear error” standard “pertains whenever the trial court decides factual matters that are essential to ascertaining the parties’ rights in a particular situation (though not dependent on the meaning of contractual terms per se)”

Source: CourtListener parenthetical corpus (CC0).

Judges: Selya, Bownes, Boudin

Read full opinion on CourtListener

Sourced 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.