Legal Opinion

General Star National Insurance Company v. Liberty Mutual Insurance Company

Court of Appeals for the Third Circuit

Decided May 8, 1992No. 91-1497PublishedCited by 30 opinions

1Opinion of the Court

OPINION OF THE COURT

MANSMANN, Circuit Judge.

The dispute in this ease concerns an insurance company’s duty of good faith in conducting a defense and settlement negotiations on behalf of its insured. We conclude that New York law governed this dispute brought by a Connecticut excess insurer against a Massachusetts primary insurer, alleging a breach of the primary insurer’s duty of good faith owed to its insured, a New York corporation. Although the district court incorrectly applied Pennsylvania law in deciding that the primary insurer did not breach its duty, we conclude that the application…

2Cases cited25 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. Virginia J. Barry Melville v. American Home Assurance CompanyCourt of Appeals for the Third Circuit · 1978
  3. CIPOLLA v. ShaposkaSupreme Court of Pennsylvania · 1970
  4. Foley v. the Pittsburgh-Des Moines Co.Supreme Court of Pennsylvania · 1949
  5. Cowden v. Aetna Casualty & Surety Co.Supreme Court of Pennsylvania · 1957

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3Cited by30 opinions

  1. Scott Hammersmith v. Tig Insurance Company (w.d. Of Pa. Civil Nos. 02-Cv-01829 & 03-Cv-01333)Court of Appeals for the Third Circuit · 2007
  2. Costco Wholesale Corp. v. Liberty Mutual InsuranceDistrict Court, S.D. California · 2007
  3. Agostino v. Quest Diagnostics Inc.District Court, D. New Jersey · 2009
  4. Montich v. Miele USA, Inc.District Court, D. New Jersey · 2012
  5. Hanover Insurance v. RyanDistrict Court, E.D. Pennsylvania · 2007

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