Legal Opinion
American Inter-Fidelity Exchange v. American Re-Insurance Company
Court of Appeals for the Seventh Circuit
Decided March 1, 1994No. 93-2229PublishedCited by 51 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
Two reinsurance treaties between Ameri-can Inter-Fidelity Exchange and American Re-Insurance Company provide that the reinsurer will reimburse the primary insurer for a portion of “net retained insurance liability.” Does that term include sums the primary insurer pays to victims of accidents, and which the insured is obliged to reimburse yet does not? The district court answered “no” as a matter of law, dismissing the complaint under Fed.R.Civ.P. 12(b)(6). We are not so sure and remand for further proceedings.
According to the complaint, American Inter-Fidelity…
2Cases cited13 opinions
- Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
- Donald E. EARLY, Plaintiff-Appellant, v. BANKERS LIFE AND CASUALTY COMPANY, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1992
- Qaid Rafeeq Azeez and Abdullah Muhammad v. James W. Fairman, Warden, John E. Wright, Asst. Warden, and A. Dodge, 120 (c.o.)Court of Appeals for the Seventh Circuit · 1986
- Dawson v. General Motors Corp.Court of Appeals for the Seventh Circuit · 1992
- Gaylon L. Harrell v. United StatesCourt of Appeals for the Seventh Circuit · 1993
8 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Gutierrez v. PetersCourt of Appeals for the Seventh Circuit · 1997
- Rafael Sanjuan and Marcello A. Maviglia v. The American Board of Psychiatry and Neurology, Inc., and Stephen C. ScheiberCourt of Appeals for the Seventh Circuit · 1995
- Tony Walker v. Tommy G. ThompsonCourt of Appeals for the Seventh Circuit · 2002
- Smith v. DartCourt of Appeals for the Seventh Circuit · 2015
- Bryana Bible v. United Student Aid Funds, Inc.Court of Appeals for the Seventh Circuit · 2015
46 more not listed; retrieve them via the Exa API.