Legal Opinion
Commercial Union Insurance Co. v. Bituminous Casualty Corp
Court of Appeals for the Third Circuit
Decided July 7, 1988No. 87-5826PublishedCited by 56 opinions
1Opinion of the Court
OPINION OF THE COURT
MANSMANN, Circuit Judge.
In this diversity case, we are called upon to determine whether principles of subro-gation alone will support summary judgment in this dispute between separate carriers of insurance, indemnifying separate named policyholders, but allegedly covering the same insurable interest against damage to the same property. We find that the lack of a subrogation right derivative from its insured does not preclude an insurer from pursuing an action for contribution against another insurer allegedly liable for the same loss. Accordingly, principles of subrogation…
2Cases cited12 opinions
- Goodman v. Mead Johnson & Co.Court of Appeals for the Third Circuit · 1976
- Cosmopolitan Mutual Insurance v. Continental Casualty Co.Supreme Court of New Jersey · 1959
- National Surety Corporation, a Corporation of the State of New York v. The Midland Bank, a Corporation of New JerseyCourt of Appeals for the Third Circuit · 1977
- Safeco Insurance Company of America v. Marcia WetherillCourt of Appeals for the Third Circuit · 1980
- Haemonetics Corp. v. Brophy & Phillips Co.Massachusetts Appeals Court · 1986
7 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Dona W. Horowitz, Individually and as Co-Executrix of the Estate of Leonard N. Horowitz, Deceased Alfred Camner, Co-Executor of the Estate of Leonard N. Horowitz, Deceased v. Federal Kemper Life Assurance Company, in No. 94-1900. Dona W. Horowitz, Individually and as Co-Executrix of the Estate of Leonard N. Horowitz, Deceased Alfred Camner, Co-Executor of the Estate of Leonard N. Horowitz, Deceased, in No. 94-1901 v. Federal Kemper Life Assurance CompanyCourt of Appeals for the Third Circuit · 1995
- Orson, Inc. T/a Roxy Screening Rooms v. Miramax Film Corp. Orson, Inc., D/b/a/ Roxy Screening RoomsCourt of Appeals for the Third Circuit · 1996
- Beverly A. Azzaro v. County of Allegheny Tom Foerster, an Individual and Chairman, Allegheny County Commissioners and Wayne Fusaro, Beverly AzzaroCourt of Appeals for the Third Circuit · 1997
- Northern Insurance Company of New York v. Aardvark Associates, Inc. And Insurance Company of North America, Aardvark Associates, Inc.Court of Appeals for the Third Circuit · 1991
- In Re Eastern & Southern Districts Asbestos LitigationDistrict Court, S.D. New York · 1991
51 more not listed; retrieve them via the Exa API.