Legal Opinion

Utica Mutual Insurance v. Fireman's Fund Insurance Companies

Court of Appeals for the Second Circuit

Decided November 16, 1984No. Nos. 207, 345, Dockets 84-7506, 84-7538PublishedCited by 2 opinions

1Opinion of the Court

TENNEY, Senior District Judge:

In this diversity suit, Utica Mutual Insurance Gompany (“Utica”) appeals from a judgment of the United States District Court for the Southern District of New York, Morris E. Lasker, District Judge, dismissing Utica’s complaint against Fireman’s Fund Insurance Companies (“Fireman’s Fund”) to recover payment under a fidelity bond issued by Fireman’s Fund. Following trial, the court, sitting without a jury, held that Utica was barred from recovery because it had failed to comply with the notice provisions set forth in the fidelity bond. We hold that the district…

2Cases cited17 opinions

  1. Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
  2. American Surety Company v. PaulySupreme Court of the United States · 1898
  3. Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
  4. In the Matter of Hygrade Envelope Corp., Bankrupt. Samuel S. Baranow, Trustee in Bankruptcy of Hygrade Envelope Corp. v. Gibraltar Factors Corp.Court of Appeals for the Second Circuit · 1966
  5. Fidelity & Deposit Company of Maryland, a Corporation of the State of Maryland v. Hudson United Bank, a Banking Corporation of the State of New JerseyCourt of Appeals for the Third Circuit · 1981

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3Cited by2 opinions

  1. Utica Mutual Insurance Company v. Fireman's Fund Insurance CompaniesCourt of Appeals for the Second Circuit · 1984
  2. DCPP VS. S.L.H. AND D.W.R., IN THE MATTER OF THE GUARDIANSHIP OF M.A.H. (FG-08-0064-17, GLOUCESTER COUNTY AND STATEWIDE) (RECORD IMPOUNDED)New Jersey Superior Court Appellate Division · 2019

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