Legal Opinion
Koken v. Legion Insurance
Commonwealth Court of Pennsylvania
Decided May 22, 2006PublishedCited by 3 opinions
1Opinion of the Court
Re: Liquidator’s Application for Order Against Bank of America, N.A., To Prevent Assertion of Impermissible Affirmative Defenses
OPINION BY
Judge LEAVITT.
The Statutory Liquidator of Legion Insurance Company (In Liquidation) requests this Court to order Bank of America, N.A. (Bank) not to assert the doctrines of setoff and recoupment as defenses in a tort action initiated by Legion in the Circuit Court of Hillsborough County in Florida. 1 Legion filed this suit in 1999 to recover damages suffered as a result of the Bank’s alleged breach of fiduciary duty. The Bank counterclaimed in…
2Cases cited21 opinions
- Reiter v. CooperSupreme Court of the United States · 1993
- Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
- Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
- In Re B & L Oil Company, Debtor, Ashland Petroleum Company v. Garry R. Appel, Trustee for B & L Oil CompanyCourt of Appeals for the Tenth Circuit · 1986
- In Re Monongahela Rye Liquors, Inc.Court of Appeals for the Third Circuit · 1944
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3Cited by3 opinions
- In the Matter of the Liquidation of The Home Insurance CompanySupreme Court of New Hampshire · 2014
- In Re the Liquidation of Home InsuranceSupreme Court of New Hampshire · 2009
- O'Connor, J. v. Snyder, E. and L.Superior Court of Pennsylvania · 2024