Legal Opinion

New Hampshire Ins. Co. v. Diller

District Court, D. New Jersey

Decided January 13, 2010No. Civil Action 07-cv-1131 (NLH)(JS)PublishedCited by 14 opinions

1Opinion of the Court

OPINION

HILLMAN, District Judge.

This case presents the issue, among others, of whether an insurance company may draft and enter into a marine insurance contract with an insured which on its face allows it to void coverage for only intentional misrepresentations, and later, when the issue of intent is unclear, rely on a common law doctrine to deny coverage which deems intent irrelevant. We conclude that it may not.

Plaintiff, New Hampshire Insurance Company (“NHIC”), filed a complaint against its insured, defendant/counter-claimant/third-party plaintiff, William Diller, Jr., requesting a…

2Cases cited51 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  3. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  4. Scheuer v. RhodesSupreme Court of the United States · 1974
  5. Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008

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3Cited by14 opinions

  1. Fontanez v. United StatesDistrict Court, D. New Jersey · 2014
  2. Syndicate 1245 at Lloyd's v. Walnut Advisory Corp.District Court, D. New Jersey · 2010
  3. Allard v. EisenhauerDistrict Court, D. New Jersey · 2013
  4. Carpe Diem 1969 LLCDistrict Court, Virgin Islands · 2019
  5. Crown Bay Marina Lp v. Reef TransportationDistrict Court, Virgin Islands · 2020

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