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Ambac Assurance Corporation, et al., Appellants,v.Countrywide Home Loans, Inc., et al., Respondents, Bank of America Corp., Defendant.

Brief

11 Cited authorities

  1. Nat'l Fed'n of Indep. Bus. v. Sebelius

    567 U.S. 519 (2012)   Cited 957 times   67 Legal Analyses
    Holding that the Patient Protection and Affordable Care Act of 2010 was not a valid exercise of the Commerce Clause power after focusing solely on whether it regulated "economic activity" without discussing the remaining Morrison factors

  2. Stipcich v. Insurance Co.

    277 U.S. 311 (1928)   Cited 331 times
    Holding to like effect with respect to certain contracts outside marine insurance context

  3. Matter of Union Indem Ins Co.

    89 N.Y.2d 94 (N.Y. 1996)   Cited 137 times   1 Legal Analyses
    Characterizing the duty of utmost good faith as “the core duty accompanying reinsurance contracts”

  4. MBIA Ins. Corp. v. Countrywide Home Loans, Inc.

    105 A.D.3d 412 (N.Y. App. Div. 2013)   Cited 55 times   3 Legal Analyses
    Holding that granting a motion for summary judgment awarding rescissory damages was inappropriate because rescission was not warranted

  5. New England Mutual Life Insurance Co. v. Doe

    93 N.Y.2d 122 (N.Y. 1999)   Cited 28 times

    Argued February 10, 1999 Decided March 30, 1999 Michael Yoeli, for appellant. Mark Scherzer, for respondent. Lambda Legal Defense and Education Fund, Inc., et al.; and American Council of Life Insurance, amici curiae. ROSENBLATT, J.: The appeal before us involves a face-off between an incontestability clause and a coverage limitation provision in a disability insurance policy. The question is this: Given a two-year incontestability clause, may a carrier disclaim coverage for a claim made more than

  6. A.M.I. Diamonds Co. v. Hanover Ins. Co.

    397 F.3d 528 (7th Cir. 2005)   Cited 2 times

    No. 04-3152. Argued January 18, 2005. Decided February 8, 2005. Appeal from the United States District Court for the Northern District of Illinois, Samuel DerYeghiayan, J. Charles H. Cole, Dolores Ayala (argued), Schuyler, Roche Zwirner, Chicago, IL, for Plaintiff-Appellant. Robert C. Moore, William L. Wood (argued), Stone Moore, Chicago, IL, for Defendant-Appellee. Before POSNER, EASTERBROOK, and ROVNER, Circuit Judges. POSNER, Circuit Judge. Wholesale jewelry salesman Maged Soliman, after a sales

  7. Geer v. Union Mutual Life Ins. Co.

    273 N.Y. 261 (N.Y. 1937)   Cited 100 times   1 Legal Analyses
    In Geer v. Union Mut. Life Ins. Co. (supra, p. 270), the court said: "The insurance company did not agree that a jury might decide what risks the company should accept.

  8. Glickman v. New York Life Ins. Co.

    291 N.Y. 45 (N.Y. 1943)   Cited 21 times
    Affirming dismissal of suit on life insurance policy where insured failed to disclose intestinal ulcer in his policy application, and stating that “[t]he fact that the applicant died from another cause does not disprove the increase of risk”

  9. Ginsburg v. Pac. Mut. Life Ins. Co. of Calif

    89 F.2d 158 (2d Cir. 1937)   Cited 12 times

    No. 258. April 5, 1937. Appeal from the District Court of the United States for the Southern District of New York. Action by Sol Wiener Ginsburg against the Pacific Mutual Life Insurance Company of California to recover benefits of an insurance policy in which defendant interposed a counterclaim, asking for a rescission of the policy of insurance. From a judgment for plaintiff, defendant appeals. Reversed. See, also (C.C.A.) 69 F.2d 97. Katz Sommerich, of New York City (Maxwell C. Katz, Raymond T

  10. Section 3105 - Representations by the insured

    N.Y. Ins. Law § 3105   Cited 321 times   6 Legal Analyses
    Requiring "inducement"

  11. Section 3106 - Warranty defined; effect of breach

    N.Y. Ins. Law § 3106   Cited 53 times

    (a) In this section "warranty" means any provision of an insurance contract which has the effect of requiring, as a condition precedent of the taking effect of such contract or as a condition precedent of the insurer's liability thereunder, the existence of a fact which tends to diminish, or the non-existence of a fact which tends to increase, the risk of the occurrence of any loss, damage, or injury within the coverage of the contract. The term "occurrence of loss, damage, or injury" includes the