Legal Opinion

Federal Insurance v. International Business MacHines Corp.

New York Court of Appeals

Decided February 21, 2012No. 20PublishedCited by 58 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Lippman.

The question before the Court is whether the disputed language in an insurance policy extends coverage to alleged violations of the Employee Retirement Income Security Act of 1974 (ERISA) by defendant insureds, International Business Machines Corporation and the IBM Personal Pension Plan (collectively, IBM), acting in their capacity as the settlor of their employee benefit plans. We reaffirm fundamental principles of insurance contract interpretation and hold that the plain language of the policy does not cover such acts and, therefore, that the…

2Cases cited16 opinions

  1. Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
  2. Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
  3. Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
  4. Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978
  5. Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984

11 more not listed; retrieve them via the Exa API.

3Cited by58 opinions

  1. The Matter of Viking Pump Inc. and Warren Pumps LLCNew York Court of Appeals · 2016
  2. Lend Lease (US) Construction LMB Inc. v. Zurich American Insurance CompanyNew York Court of Appeals · 2017
  3. CGS Industries, Inc. v. Charter Oak Fire InsuranceCourt of Appeals for the Second Circuit · 2013
  4. Selective Insurance Company of America v. County of RensselaerNew York Court of Appeals · 2016
  5. VAM Check Cashing v. Federal Insurance CompanyCourt of Appeals for the Second Circuit · 2012

53 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API