Legal Opinion

Professional Insurance Management v. Ohio Casualty Group of Insurance Companies

District Court, D. New Jersey

Decided February 29, 2000No. CIV.A. 99-5919 (JBS), CIV.A. 00-060 (JBS). Bankruptcy No. 94-13602. Adversary No. 94-1312PublishedCited by 5 opinions

1Opinion of the Court

OPINION

SIMANDLE, District Judge:

Table of Contents

Introduction.62

I.BACKGROUND.53

II.DISCUSSION.58

A. Jurisdiction and Standard of Review.58

1. Appellate Jurisdiction.58

2. Standard of Review on Appeal.60

3. Primary Jurisdiction.60

B. Whether PIM Was Terminated At Will or For Cause.62

C. Recoupment.65

D. Constructive Trust.68

E. Interest.69

F. Contempt.71

III.CONCLUSION.74

Introduction

This matter is before this Court on appeals of rulings entered in the Bankruptcy Court, the Honorable Judith Wizmur presiding, in a dispute between an insurance company and its former agent. In opinions dated July 12,1999 and…

2Cases cited31 opinions

  1. Forgay v. ConradSupreme Court of the United States · 1848
  2. George S. Krasnov v. Brendan DinanCourt of Appeals for the Third Circuit · 1972
  3. Gavalik v. Continental Can Co.Court of Appeals for the Third Circuit · 1987
  4. Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
  5. Meshinsky v. Nichols Yacht Sales, Inc.Supreme Court of New Jersey · 1988

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3Cited by5 opinions

  1. Baker v. National State BankNew Jersey Superior Court Appellate Division · 2002
  2. Professional Insurance Management v. Ohio Casualty Group of Insurance Companies (In re Professional Insurance Management)Court of Appeals for the Third Circuit · 2002
  3. In Re Professional Insurance Management, Debtor. Professional Insurance Management v. The Ohio Casualty Group of Insurance Companies the Ohio Casualty Insurance Ohio Life Insurance Company Ohio Security Insurance Company and Ocasco Budget West American Insurance Company American Fire and Casualty CompanyCourt of Appeals for the Third Circuit · 2002
  4. Camshaft Capital Fund, LP. v. BYJUs Alpha, Inc.District Court, D. Delaware · 2024
  5. In Re: Prof Ins MgtCourt of Appeals for the Third Circuit · 2002

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