§Why CasetextPricing

Millennium Holdings LLC, Plaintiff, The Northern Assurance Company of America, Appellant, Certain Underwriters at Lloyd's, et al., Intervenors-Appellants,v.The Glidden Company,, et al., Respondents.

Brief

23 Cited authorities

  1. Colony Insurance v. Peachtree Construction, Ltd.

    647 F.3d 248 (5th Cir. 2011)   Cited 214 times
    Holding that a complaint must allege sufficient facts "to state a claim to relief that is plausible on its face" (quoting Twombly, 550 U.S. at 555, 570)

  2. North Star Reins. v. Continental

    82 N.Y.2d 281 (N.Y. 1993)   Cited 253 times   2 Legal Analyses
    In North Star Reinsurance Corp. v. Continental Insurance Co., 604 N.Y.S.2d 510, 516 (N.Y. 1993), the court mentioned in dicta the general rule that "a common law indemnification claim arises when the party seeking indemnity... has suffered an out-of-pocket loss," but it did not even reach the applicability of the well-recognized exception stated in Harris, supra. Piccirillo v. Beltrone-Turner, 727 N.Y.S.2d 721, 724 (App.Div. 2001) did not involve a third-party claim, but rather a cross-claim of indemnity between two defendants.

  3. Pennsylvania General Insurance v. Austin Powder Co.

    68 N.Y.2d 465 (N.Y. 1986)   Cited 288 times   1 Legal Analyses
    Rejecting the argument that the anti-subrogation rule was inapplicable because the additional insured did not itself pay premiums for the coverage because the costs for such premiums were likely priced in to the additional insured's contract with the primary insured

  4. Andrea v. Arnone

    2005 N.Y. Slip Op. 7862 (N.Y. 2005)   Cited 165 times   1 Legal Analyses
    Holding that New York's savings statute is tolled only during appeals of right

  5. Glidden Co. v. Lumbermens Mut

    2006 Ohio 6553 (Ohio 2006)   Cited 156 times
    Holding that "[a]n actual conflict between Ohio law and the law of another jurisdiction must exist before a choice-of-law analysis is undertaken"

  6. Dillon v. U-A Columbia Cablevision of Westchester

    100 N.Y.2d 525 (N.Y. 2003)   Cited 140 times
    Holding that the voluntary payment doctrine “bars recovery of payments voluntarily made with full knowledge of the facts, and in the absence of fraud or mistake of material fact or law”

  7. Kaf-Kaf, Inc. v. Rodless

    90 N.Y.2d 654 (N.Y. 1997)   Cited 146 times
    Recognizing subrogation waiver clauses in the co-op by-laws as valid and binding on the insurers

  8. Elrac, Inc. v. Ward

    96 N.Y.2d 58 (N.Y. 2001)   Cited 115 times
    Holding that anti-subrogation principles apply to both self-insurers and insurance companies

  9. Federal Ins Co v. Andersen Co.

    75 N.Y.2d 366 (N.Y. 1990)   Cited 126 times
    Rejecting notion that defendant can escape liability simply because subrogee was paid to insure loss victim

  10. Jefferson Ins. Co. of N.Y. v. Travelers Indemnity Co.

    1998 N.Y. Slip Op. 9252 (N.Y. 1998)   Cited 85 times
    Ordering two primary insurance carriers with equal policy limits to pay half of the covered cost each without factoring applicable excess policy purchased in a tier above one of the two primary policies into the calculation of that division

  11. Section 5602 - Appeals to the court of appeals by permission

    N.Y. CPLR 5602   Cited 1,154 times
    Discussing appeals by permission to New York Court of Appeals