Legal Opinion · Concurring in part, dissenting in part

Pelle v. Certain Underwriters at Lloyd's of London

Supreme Court of The Virgin Islands

Decided January 31, 2017No. S. Ct. Civil No. 2015-0119Published

1Concurring in part, dissenting in partSwan, Associate Justice

The majority decides that Joseph v. Inter-Ocean Insurance Agency, Inc., 59 V.I. 820 (V.I. 2013), does not apply to this appeal because the judgment in this case was already final when the Joseph decision was rendered. I concur on this narrow issue of retroactivity and take no issue with the majority’s analysis. However, I opposed the holding in Joseph, that an endorsement in an insurance policy which excludes coverage for drivers under the age of twenty-five contravenes the Virgin Islands Compulsory Automobile Liability Insurance Act, and an insurer lacks subrogation rights against the…

2Cases cited17 opinions

  1. North Star Reinsurance Corp. v. Continental InsuranceNew York Court of Appeals · 1993
  2. Dix Mutual Insurance v. LaFramboiseIllinois Supreme Court · 1992
  3. State, Department of Human Services Ex Rel. Palmer v. Unisys Corp.Supreme Court of Iowa · 2001
  4. Gibson v. CallaghanSupreme Court of New Jersey · 1999
  5. Cotton States Mutual Insurance v. NeeseSupreme Court of Georgia · 1985

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API