Legal Opinion
Gibbs v. Hawaiian Eugenia Corp.
Court of Appeals for the Second Circuit
Decided June 8, 1992No. 1194, Docket 91-9270PublishedCited by 52 opinions
1Opinion of the Court
JON O. NEWMAN, Circuit Judge:
This case presents issues concerning the rights of an insurer who has honored a claim under a marine insurance policy when the indemnified insured releases a third party allegedly liable for the loss. The question presented is whether the execution of the release in the circumstances of this case destroyed an enforceable right of subrogation on the part of the insurer. Hawaiian Eugenia Corporation (“Hawaiian”) appeals from the September 16, 1991, judgment of the United States District Court for the Southern District of New York (Morris E. Lasker, Judge), 771…
2Cases cited19 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Lyell Theatre Corp. v. Loews Corp.Court of Appeals for the Second Circuit · 1982
- Herbert E. Theilmann, Administrator of Herbert K. Theilmann v. The Rutland Hospital, Inc., and Dr. Donald D. DingmanCourt of Appeals for the Second Circuit · 1972
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- Anthony Romandette v. Weetabix Company, Inc.Court of Appeals for the Second Circuit · 1986
14 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Rita J. Minnette v. Time WarnerCourt of Appeals for the Second Circuit · 1993
- International Multifoods Corporation v. Commercial Union Insurance Co.Court of Appeals for the Second Circuit · 2002
- Health Insurance Ass'n of America, Inc. v. ShalalaCourt of Appeals for the D.C. Circuit · 1994
- Richard J. MacKensworth v. S.S. American MerchantCourt of Appeals for the Second Circuit · 1994
- Allstate Insurance Company v. Kieron Mazzola and First Fidelity L.S. Group, Inc.Court of Appeals for the First Circuit · 1999
47 more not listed; retrieve them via the Exa API.