§Why CasetextPricing

Jannie Nesmith,, et al., Appellants,v.Allstate Insurance Company, Respondent.

Brief

34 Cited authorities

  1. Aetna Health Inc. v. Davila

    542 U.S. 200 (2004)   Cited 2,699 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 2,668 times   51 Legal Analyses
    Holding that an award of $145 million in punitive damages on a $1 million compensatory verdict violated due process

  3. U.S. Airways, Inc. v. McCutchen

    569 U.S. 88 (2013)   Cited 339 times   32 Legal Analyses
    Holding equitable principles cannot override clear plan terms

  4. 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

  5. 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

  6. Bi-Economy v. Harleysville

    2008 N.Y. Slip Op. 1418 (N.Y. 2008)   Cited 335 times   14 Legal Analyses
    Holding that the plaintiff may seek consequential damages for its breach of contract claim

  7. Duane Reade, Inc. v. St. Paul Fire

    411 F.3d 384 (2d Cir. 2005)   Cited 290 times   1 Legal Analyses
    Holding that an insurance dispute arising out of damage caused by the September 11 terrorist attacks was ripe and noting that "[b]ecause the issue presented . . . concerned the scope of coverage, the standard for ripeness . . . was plainly satisfied"

  8. Belt Painting Corp. v. TIG Insurance

    100 N.Y.2d 377 (N.Y. 2003)   Cited 216 times   2 Legal Analyses
    Holding that "[r]easonable minds can disagree" as to whether an "absolute pollution exclusion" bars coverage for injuries resulting from exposure to paint or solvent fumes

  9. Underwriters v. City Club

    3 N.Y.3d 592 (N.Y. 2004)   Cited 184 times
    Holding an award of attorneys’ fees to the insured is warranted if those fees were incurred "as a direct consequence of [the insurer's] unsuccessful attempt to free itself of its policy obligations"

  10. Schwartz v. Liberty Mut. Ins. Co.

    539 F.3d 135 (2d Cir. 2008)   Cited 156 times
    Holding that prejudgment interest began accruing when the plaintiff paid a sum in breach of an insurance coverage agreement