Legal Opinion
Perini Corporation v. Orion Insurance Co.
District Court, E.D. California
Decided September 14, 1971No. Civ. S-2023PublishedCited by 31 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
MacBRIDE, Chief Judge.
This is an action for breach of an insurance contract brought by the insureds to recover damages in excess of $9 million. Although originally commenced in a state tribunal, it was removed to this Court on the basis of diversity of citizenship. See 28 U.S.C. §§ 1332, 1441. The question now to be decided is whether the following “service of suit” clause in the policy requires the action to be remanded to the Yuba County Superior Court, where it was first filed:
“It is agreed that in the event of the failure of the Insurers hereon to pay any amount…
2Cases cited15 opinions
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- Home Ins. Co. v. MorseSupreme Court of the United States · 1874
- Wm. H. Muller & Co., Inc. v. Swedish American Line Ltd. And Transatlantic Steamship Company, Ltd.Court of Appeals for the Second Circuit · 1955
- Indussa Corporation v. S.S. Ranborg, Her Engines, Boilers, Etc. (Erling Hansens Rederi A/s and Skibs A/s Linea, Claimants)Court of Appeals for the Second Circuit · 1967
- In the Matter of the Complaint of Unterweser Reederei, Gmbh. Zapata Off-Shore Company v. M/s Bremen and Unterweser Reederei GmbhCourt of Appeals for the Fifth Circuit · 1970
10 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Foster v. Chesapeake Insurance CompanyCourt of Appeals for the Third Circuit · 1991
- The Clorox Company v. The United States District Court for the Northern District of California, Carol Stower, Real PartyCourt of Appeals for the Ninth Circuit · 1985
- Chubb Custom Insurance v. Prudential Insurance Co. of AmericaSupreme Court of New Jersey · 2008
- W.R. Grace & Co. v. Hartford Accident & Indemnity Co.Massachusetts Supreme Judicial Court · 1990
- In Re Delta America Re Insurance Co.Court of Appeals for the Sixth Circuit · 1990
26 more not listed; retrieve them via the Exa API.