· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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