Legal Opinion

Northfield Insurance v. Mariner Post Acute Network, Inc. (In re Mariner Health Group)

United States Bankruptcy Court, D. Delaware

Decided September 24, 2003No. Bankruptcy No. 00-215 to 00-301(MPW); Adversary No. A-01-4626(MPW)PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION1

MARY F. WALRATH, Chief Judge.

Before the Court is the Motion for Partial Summary Judgment filed by North-field Insurance Company (“Northfield”) seeking a declaration that the Northfield insurance contracts (“the Northfield Policies”) do not provide coverage for punitive damages which may be awarded against the Debtors in Texas. After a hearing, and consideration of the affidavits and exhibits proffered, we conclude that North-field’s motion must be denied for the reasons set forth below.

I. FACTUAL BACKGROUND

On January 18, 2000, Mariner Post-Acute Network, Inc., and its…

2Cases cited12 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  3. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  4. Transportation Insurance Co. v. MorielTexas Supreme Court · 1994
  5. James v. FulcrodTexas Supreme Court · 1851

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3Cited by1 opinion

  1. In Re Mariner Health GroupUnited States Bankruptcy Court, D. Delaware · 2003

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