Legal Opinion

Scottsdale Insurance v. American Empire Surplus Lines Insurance

District Court, D. Maryland

Decided April 15, 1992No. Civ. JFM-91-1422PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM

MOTZ, District Judge.

In this action Scottsdale Insurance Company (“Scottsdale”) seeks indemnification or contribution from American Empire Surplus Lines Insurance Company (“American Empire”) for a settlement which Scottsdale paid and defense costs which it incurred in connection with a lead paint exposure suit filed against their mutual insured, Richard A. Shepherd, t/a Shepherd’s Properties (“Shepherd”).

Lying at the heart of the case is the difficult question of the application of the policy term “occurrence” in the lead paint context. However, the record is not yet sufficiently…

2Cases cited13 opinions

  1. Bankers & Shippers Insurance v. Electro Enterprises Inc.Court of Appeals of Maryland · 1980
  2. Timothy Allen Rossman, Administrator of the Estate of Paula K. Rossman, Deceased Jodi S. Rossman, and Kelly Richards v. State Farm Mutual Automobile Insurance Company, an Illinois Corporation, and Consolidated Insurance Company, an Indiana Corporation the Protective Casualty Insurance Company, a Missouri Corporation Prudential Property and Casualty Insurance Company, a New Jersey Corporation, Timothy Allen Rossman, Administrator of the Estate of Paula K. Rossman, Deceased Jodi S. Rossman, and Kelly Richards v. Consolidated Insurance Company, an Indiana Corporation the Protective Casualty Insurance Company, a Missouri Corporation State Farm Mutual Automobile Insurance Company, an Illinois Corporation Prudential Property and Casualty Insurance Company, a New Jersey Corporation, Timothy Allen Rossman, Administrator of the Estate of Paula K. Rossman, Deceased Jodi S. Rossman Kelly Richards v. Consolidated Insurance Company, an Indiana Corporation, and the Protective Casualty Insurance Company, a Missouri Corporation State Farm Mutual Automobile Insurance Company, an Illinois Corporation Prudential Property and Casualty Insurance Company, a New Jersey Corporation, Timothy Allen Rossman, Administrator of the Estate of Paula K. Rossman, Deceased Jodi S. Rossman Kelly Richards v. Prudential Property and Casualty Insurance Company, a New Jersey Corporation, and Consolidated Insurance Company, an Indiana Corporation the Protective Casualty Insurance Company, a Missouri Corporation State Farm Mutual Automobile Insurance Company, an Illinois CorporationCourt of Appeals for the Fourth Circuit · 1987
  3. The Hartford Accident and Indemnity Company, a Connecticut Corporation v. Gulf Insurance Company, a Missouri CorporationCourt of Appeals for the Seventh Circuit · 1985
  4. Washington v. Federal Kemper InsuranceCourt of Special Appeals of Maryland · 1984
  5. St. Paul Fire & Marine Insurance Company, Individually and as Subrogee of James E. Collins, M.D. v. Vigilant Insurance Company, James E. Collins, as an Involuntary St. Paul Fire & Marine Insurance Company, Individually and as Subrogee of James E. Collins, M.D. v. Vigilant Insurance Company, James E. Collins, as an InvoluntaryCourt of Appeals for the Fourth Circuit · 1990

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3Cited by11 opinions

  1. Federal Deposit Insurance Corporation v. J. William OldenburgCourt of Appeals for the Tenth Circuit · 1994
  2. Travelers Property Casualty Co. of America v. Hillerich & Bradsby Co.Court of Appeals for the Sixth Circuit · 2010
  3. Travelers Indemnity Co. v. United Food & Commercial Workers International UnionDistrict of Columbia Court of Appeals · 2001
  4. Allstate Insurance v. State Farm Mutual Automobile InsuranceCourt of Appeals of Maryland · 2001
  5. Sherwood Brands, Inc. v. Hartford Accident & Indemnity Co.Court of Appeals of Maryland · 1997

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