§Why CasetextPricing

In the Matter of Viking Pump, Inc. and Warren Pumps, LLC, Insurance Appeals. <br />--------------------------------<br /> Viking Pump, Inc. and Warren Pumps, LLC, Appellants, TIG Insurance Company, et al., Respondents.

Brief

62 Cited authorities

  1. Aetna Health Inc. v. Davila

    542 U.S. 200 (2004)   Cited 2,703 times   30 Legal Analyses
    Holding that states cannot create new causes of action that conflict with ERISA's " ‘interlocking, interrelated, and interdependent remedial scheme,’ " located in § 502 of ERISA

  2. State Farm Mut. Automobile Ins. Co. v. Campbell

    538 U.S. 408 (2003)   Cited 2,671 times   51 Legal Analyses
    Holding that an award of $145 million in punitive damages on a $1 million compensatory verdict violated due process

  3. Rush Prudential HMO, Inc. v. Moran

    536 U.S. 355 (2002)   Cited 332 times   9 Legal Analyses
    Holding that savings clause allowed Illinois to enforce law requiring independent medical review of certain denials of medical benefits

  4. AIU Insurance v. Superior Court

    51 Cal.3d 807 (Cal. 1990)   Cited 795 times   5 Legal Analyses
    Holding that an insurance policy covered "as damages" the costs associated with complying with an injunction and/or a reimbursement order for environmental clean-up expenses

  5. Continental Cas. v. Rapid-Am

    80 N.Y.2d 640 (N.Y. 1993)   Cited 602 times   1 Legal Analyses
    Holding that these terms are to be construed narrowly as barring coverage "only when the insured intended the damages"

  6. Consolidated Edison Co. of N.Y. v. Allstate Ins. Co.

    98 N.Y.2d 208 (N.Y. 2002)   Cited 436 times   21 Legal Analyses
    Holding that indemnity should be allocated pro rata

  7. Bi-Economy v. Harleysville

    2008 N.Y. Slip Op. 1418 (N.Y. 2008)   Cited 336 times   14 Legal Analyses
    Holding that the plaintiff may seek consequential damages for its breach of contract claim

  8. Montrose Chemical Corp. v. Admiral Ins. Co.

    10 Cal.4th 645 (Cal. 1995)   Cited 384 times   11 Legal Analyses
    Holding that rules of construction applicable to contracts generally also govern insurance contracts

  9. Morgan Stanley Group v. New England Ins. Co.

    225 F.3d 270 (2d Cir. 2000)   Cited 321 times   1 Legal Analyses
    Holding that a court may only consider extrinsic evidence if the language at issue is determined to be ambiguous

  10. Olin Corp. v. Am. Home Assurance Co.

    704 F.3d 89 (2d Cir. 2012)   Cited 217 times   3 Legal Analyses
    Holding that under New York law, courts are to apply the general rules of contract interpretation

  11. Section 524 - Effect of discharge

    11 U.S.C. § 524   Cited 6,155 times   72 Legal Analyses
    Enjoining "an act to collect, recover, or offset any such debt" without specifying that only current creditors are enjoined

  12. Section 465.480 - Insurance for environmental claims; rules of construction; duty to pay defense or indemnity costs; contribution; allocation

    ORS § 465.480   Cited 41 times   3 Legal Analyses
    Providing joint and several allocation for environmental claims

  13. Section 465.478 - Legislative findings

    ORS § 465.478   Cited 6 times   1 Legal Analyses

    The Legislative Assembly finds that there are many insurance coverage disputes involving insureds who face potential liability for their ownership of or roles at polluted sites in this state. The State of Oregon has a substantial public interest in promoting the fair and efficient resolution of environmental claims while encouraging voluntary compliance and regulatory cooperation. ORS 465.478 1999 c.783 §3

  14. Section 500.23 - Amicus curiae relief

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.23   Cited 3 times

    Any non-party other than the Attorney General seeking to file an amicus brief on an appeal, certified question or motion for leave to appeal must obtain permission by motion. Potential amici seeking information are encouraged to contact the clerk's office by telephone during business hours. Information on the calendar status of appeals and certified questions, court session dates and appropriate return dates for amicus motions also is available on the court's website. (a)Motions for amicus curiae