Legal Opinion
Union Pacific Railroad v. CERTAIN UNDERWRITERS AT LLOYD'S LONDON
South Dakota Supreme Court
Decided August 5, 2009No. 22931PublishedCited by 6 opinions
1Opinion of the Court
VON WALD, Circuit Judge.
[¶ 1.] Union Pacific Railroad (UP) brought suit seeking recovery from its insurance carrier for the cleanup of a contaminated site located in Huron, South Dakota. Continental Insurance Company (Continental) moved for summary judgment on the grounds that the railroad did not provide timely notice of the loss and that Illinois law governed, under which to prevail the insurer is not required to show the untimely notice caused prejudice. The circuit court agreed and granted Continental summary judgment. We affirm regarding the lack of notice and conclude that a…
2Cases cited36 opinions
- Brakeman v. Potomac Insurance Co.Supreme Court of Pennsylvania · 1977
- Beanstalk Group, Inc. v. Am General Corporation and General Motors CorporationCourt of Appeals for the Seventh Circuit · 2002
- Country Mutual Ins. Co. v. Livorsi MarineIllinois Supreme Court · 2006
- Country Mutual Insurance Co. v. Livorsi Marine, Inc.Illinois Supreme Court · 2006
- Canron, Inc. v. Federal InsuranceCourt of Appeals of Washington · 1996
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3Cited by6 opinions
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