25 Cited authorities

  1. Bank of the West v. Superior Court

    2 Cal.4th 1254 (Cal. 1992)   Cited 1,088 times   7 Legal Analyses
    Holding that policy terms must be read in their "ordinary and popular sense"
  2. Consolidated Edison Co. of N.Y. v. Allstate Ins. Co.

    98 N.Y.2d 208 (N.Y. 2002)   Cited 337 times   21 Legal Analyses
    Holding that indemnity should be allocated pro rata
  3. Allstate Ins. Co. v. Mugavero

    79 N.Y.2d 153 (N.Y. 1992)   Cited 205 times
    Holding that no coverage exists under homeowner's policy for child abuse comports with "almost all of the State and Federal courts which have decided identical or very similar coverage questions arising out of sexual abuse of children
  4. Home Insurance v. American Home Products Corp.

    75 N.Y.2d 196 (N.Y. 1990)   Cited 191 times
    Referring to punitive damages as “a sort of hybrid between a display of ethical indignation and the imposition of a criminal fine”
  5. Public Serv Ins v. Goldfarb

    53 N.Y.2d 392 (N.Y. 1981)   Cited 182 times   1 Legal Analyses
    Holding that a further finding that the insured intended to injure the defendant would preclude any liability for the insurer for indemnification of compensatory or punitive damages
  6. Securities Exchange Comm. v. Fischbach Corp.

    133 F.3d 170 (2d Cir. 1997)   Cited 92 times   2 Legal Analyses
    Affirming denial of disgorged funds to a potential victim of securities fraud because it would result in undeserved windfall
  7. Level 3 Communications v. Federal Ins. Co.

    272 F.3d 908 (7th Cir. 2001)   Cited 75 times   4 Legal Analyses
    Holding that "[a]n insured incurs no loss within the meaning of the insurance contract by being compelled to return property that it had stolen, even if a more polite word than 'stolen' is used to characterize the claim for the property's return," reasoning that such relief "is restitutionary in character" because "it seeks to deprive the defendant of the net benefit of the unlawful act"
  8. Ryerson Inc. v. Fed. Ins. Co.

    676 F.3d 610 (7th Cir. 2012)   Cited 46 times   4 Legal Analyses
    Holding that, "in Illinois, mend the hold does not forbid the defendant to add a defense after being sued; that is, it does not confine him to the defense (or defenses) that he announced before the suit," explaining that to "require a potential defendant to commit irrevocably to defenses before he is sued would be unreasonable to the point of absurdity"
  9. Hartford Accident & Indemnity Co. v. Village of Hempstead

    48 N.Y.2d 218 (N.Y. 1979)   Cited 112 times
    Declining to decide question of insurability of vicarious punitive damage liability in context of suits under 42 U.S.C. § 1983
  10. Vigilant Ins Co v. Credit Suisse First Boston

    10 A.D.3d 528 (N.Y. App. Div. 2004)   Cited 31 times   2 Legal Analyses
    In Vigilant, Credit Suisse First Boston (CSFB) was investigated by the SEC and NASD Regulation, Inc. for obtaining commissions for "flipping" initial public offering stock in violation of federal securities laws. CSFB entered into a settlement with both entities in which it agreed to pay $70 million in disgorgement of improperly acquired funds.
  11. Section 1101 - Definitions; doing an insurance business

    N.Y. Ins. Law § 1101   Cited 72 times
    Noting that insurance is "dependent upon the happening of a fortuitous event"
  12. Section 78u-2 - Civil remedies in administrative proceedings

    15 U.S.C. § 78u-2   Cited 23 times   6 Legal Analyses
    Authorizing SEC and other agencies to "enter an order requiring accounting and disgorgement" in administrative enforcement proceedings
  13. Section 78u-3 - Cease-and-desist proceedings

    15 U.S.C. § 78u-3   Cited 21 times   2 Legal Analyses
    Describing temporary order