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K2 Investment Group, LLC, et al., Respondents-Appellants,v.American Guarantee & Liability Insurance Company, Appellant-Respondent.

Brief

85 Cited authorities

  1. Aetna Health Inc. v. Davila

    542 U.S. 200 (2004)   Cited 2,702 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 2,669 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 340 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. Gray v. Zurich Ins. Co.

    65 Cal.2d 263 (Cal. 1966)   Cited 1,093 times   14 Legal Analyses
    Holding that insurance companies that breach the duty to defend to be liable on any subsequent judgment

  8. Employers Ins. of Wausau v. Ehlco Liquidating Trust

    186 Ill. 2d 127 (Ill. 1999)   Cited 359 times   3 Legal Analyses
    Holding that the "undisputed facts compel the legal conclusion that Wausau's refusal to defend the Wyoming suit was vexatious and unreasonable as a matter of law"

  9. 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"

  10. Lang v. Hanover Ins. Co.

    3 N.Y.3d 350 (N.Y. 2004)   Cited 225 times   7 Legal Analyses
    Holding that "[c]ompliance with these requirements [of Section 3420] is a condition precedent to a direct action against the insurance company"

  11. Section 431:10-242 - Policyholder and other suits against insurer

    Haw. Rev. Stat. § 431:10-242   Cited 40 times

    Where an insurer has contested its liability under a policy and is ordered by the courts to pay benefits under the policy, the policyholder, the beneficiary under a policy, or the person who has acquired the rights of the policyholder or beneficiary under the policy shall be awarded reasonable attorney's fees and the costs of suit, in addition to the benefits under the policy. HRS § 431:10-242 L 1987, c 347, pt of §2 Request by intervenor-defendant for attorneys' fees and costs denied; even assuming

  12. 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

  13. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation