Legal Opinion
Frances Schwimmer v. Allstate Insurance Company
Court of Appeals for the Second Circuit
Decided June 2, 1999No. Docket 98-9138PublishedCited by 64 opinions
1Opinion of the Court
WINTER, Chief Judge:
Allstate Insurance Company appeals from Judge Leisure’s judgment awarding Frances Schwimmer damages for past and future pain and suffering in the amount of $130,000 and prejudgment interest in the amount of $51,123. We vacate the grant of prejudgment interest but otherwise affirm.
BACKGROUND
On April 27, 1994, a van backed into and ran over Schwimmer as she was crossing a one-way street in Manhattan. Schwim-mer, with the approval of Allstate, her insurance company, subsequently settled with the van operator for his insurance-policy limit of $10,000.
To recover for her…
2Cases cited17 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- In re the Arbitration between Allstate Insurance & StolarzNew York Court of Appeals · 1993
- Lazard Freres & Co., Plaintiff-Counter-Defendant-Appellee v. Protective Life Insurance Company, Defendant-Counter-Claimant-AppellantCourt of Appeals for the Second Circuit · 1997
- Love v. State of New YorkNew York Court of Appeals · 1991
12 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Lino Celle and Radio Mindanao Network Usa, Inc. v. Filipino Reporter Enterprises Inc. And Libertito PelayoCourt of Appeals for the Second Circuit · 2000
- Donald L. Terwilliger, Jr., Plaintiff-Appellee-Cross-Appellant v. Donald L. Terwilliger, III and John Terwilliger, Defendants-Appellants-CrossCourt of Appeals for the Second Circuit · 2000
- Jazmin Campbell v. Metropolitan Property And Casualty Insurance CompanyCourt of Appeals for the Second Circuit · 2001
- VACOLD LLC v. CeramiCourt of Appeals for the Second Circuit · 2008
- Chiste v. Hotels.com L.P.District Court, S.D. New York · 2010
59 more not listed; retrieve them via the Exa API.