Legal Opinion

Arkwright-Boston Manufacturers Mutual Insurance v. Aries Marine Corp.

District Court, S.D. Texas

Decided May 4, 1990No. Civ. A. No. H-88-3442PublishedCited by 1 opinion

1Opinion of the Court

ORDER

HOYT, District Judge.

Pending before the Court is the plaintiff’s, Arkwright-Boston Manufacturers Mutual Insurance Company’s (“Arkwright-Boston”), Motion for Summary Judgment. After careful consideration of the motion and the response thereto, the Court finds that dismissal of this case under Federal Rule of Civil Procedure 12(b)(6) is more appropriate.

STATEMENT OF FACTS

This case involves a coverage dispute between Arkwright and the defendant, Aries Marine Corporation (“Aries”), concerning the retained limit clause in the excess policy that Arkwright provided for Aries. The question…

2Cases cited16 opinions

  1. Ca 79-2759 City of Carter Lake, a Municipal Corporation in the State of Iowa v. The Aetna Casualty and Surety Company, a CorporationCourt of Appeals for the Eighth Circuit · 1979
  2. Employers Casualty Company v. TilleyTexas Supreme Court · 1973
  3. Washington National Insurance v. CraddockTexas Supreme Court · 1937
  4. Farmers Texas County Mutual Insurance Co. v. WilkinsonCourt of Appeals of Texas · 1980
  5. Pacific Indemnity Company v. Acel Delivery Service, Inc.Court of Appeals for the Fifth Circuit · 1973

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3Cited by1 opinion

  1. Arkwright-Boston Manufacturers Mutual Insurance Company v. Aries Marine CorporationCourt of Appeals for the Fifth Circuit · 1991

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