Legal Opinion
Excess Insurance v. Factory Mutual Insurance
New York Court of Appeals
Decided December 2, 2004PublishedCited by 45 opinions
1Opinion of the Court
OPINION OF THE COURT
G.B. Smith, J.
The issue presented by this appeal is whether respondents’ obligation to pay sums for certain loss adjustment expenses arising from a “follow the settlements” clause is subject to the indemnification limit stated in a reinsurance policy. Like the Appellate Division, we conclude that it is, and therefore affirm the order of the Appellate Division.
In December 1990, appellant Factory Mutual Insurance Company (formerly known as Allendale Mutual Insurance Company) entered into an agreement with Bull Data Systems Inc. to provide property insurance with an…
2Cases cited8 opinions
- Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
- Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978
- Slatt v. SlattNew York Court of Appeals · 1985
- Unigard Security Insurance Company, Inc., Successor to Unigard Mutual Insurance Company, Inc. v. North River Insurance CompanyCourt of Appeals for the Second Circuit · 1993
- Travelers Casualty & Surety Co. v. Certain Underwriters at Lloyd's of LondonNew York Court of Appeals · 2001
3 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Stolt-Nielsen S. A. v. AnimalFeeds International Corp.Supreme Court of the United States · 2010
- Beal Savings Bank v. SommerNew York Court of Appeals · 2007
- Century Indemnity Co. v. OneBeacon Insurance Co.Superior Court of Pennsylvania · 2017
- Global Reinsurance Corp. of Am. v. Century Indem. Co.Court for the Trial of Impeachments and Correction of Errors · 2017
- Glob. Reins. Corp. of Am. v. Century Indem. Co.Court of Appeals for the Second Circuit · 2021
40 more not listed; retrieve them via the Exa API.