Brillhart v. Excess Insurance Co. of America
Supreme Court of the United States
1Opinion of the CourtJustice Frankfurter
The Excess Insurance Company of America, the respondent here, brought this suit for a declaratory judgment to determine its rights under a reinsurance agreement made in 1932 with the Central Mutual Insurance Company of Chicago, Illinois. By that contract the respondent agreed to reimburse Central, within specified limits, for any “ultimate net loss” (defined as “the sum actually paid in cash in settlement of losses”) sustained by Central under automobile public liability policies thereafter to be issued. Central undertook to notify the respondent of any accident that might be covered by the…
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