Legal Opinion
Stargatt v. Fidelity & Casualty Co.
District Court, D. Delaware
Decided July 16, 1975No. Civ. A. No. 4357PublishedCited by 16 opinions
1Opinion of the Court
*690MEMORANDUM OPINION
STAPLETON, District Judge:
The question presented here is whether the benefits of an excess insurance policy are collectible when claims equal to the limits of the primary policy have been settled, or only when the primary policy limits have actually been paid.
This case arises out of the receivership of McDonnell & Co. Incorporated, a securities brokerage firm. McDonnell carried a number of insurance policies to protect it against certain claims for which it might be liable under the provisions of federal or state securities laws. Two of these policies are relevant here: a…
2Cases cited2 opinions
- Zeig v. Massachusetts Bonding & Ins. Co.Court of Appeals for the Second Circuit · 1928
- Manufacturers Trust Co. v. RogersDistrict Court, S.D. New York · 1960
3Cited by16 opinions
- Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriter's at Lloyd's of London. Certain Underwriters at Lloyd's, London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies", ( Pursuant to Rule 12(a), f.r.a.p.) in No. 95-3432. Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriters's at Lloyd's of London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies." ( Pursuant to Rule 12(a), f.r.a.p.) Koppers Company, Inc., in No. 95-3461Court of Appeals for the Third Circuit · 1996
- Rummel v. Lexington InsuranceNew Mexico Supreme Court · 1997
- New Castle County v. Continental Cas. Co.(CNA)District Court, D. Delaware · 1989
- Gasquet v. Commercial Union Ins. Co.Louisiana Court of Appeal · 1980
- Qualcomm, Inc. v. Certain Underwriters at Lloyd's, LondonCalifornia Court of Appeal · 2008
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