Legal Opinion

DiCola v. American Steamship Owners Mutual Protection & Indemnity Ass'n (In Re Prudential Lines, Inc.)

United States Bankruptcy Court, S.D. New York

Decided November 5, 1996No. 19-10297PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM DECISION ON REMAND TO DETERMINE THE APPLICATION OF DEDUCTIBLES TO ASBESTOSIS CLAIMS

ARTHUR J. GONZALEZ, Bankruptcy Judge.

The instant controversy requires the Court to determine the number of deductibles the defendant insurance company may apply before indemnifying its insured for the thousands of claims filed as a result of claimants’ exposure to asbestos while working aboard the insured’s marine vessels. The issues discussed below were remanded by the district court for this Court’s consideration of extrinsic evidence to interpret the terms of the deductible provisions contained in…

2Cases cited16 opinions

  1. Continental Casualty Co. v. Rapid-American Corp.New York Court of Appeals · 1993
  2. Hartford Accident & Indemnity Co. v. WesolowskiNew York Court of Appeals · 1973
  3. State v. Home Indemnity Co.New York Court of Appeals · 1985
  4. Arthur A. Johnson Corp. v. Indemnity Insurance Co. of North AmericaNew York Court of Appeals · 1959
  5. Uniroyal, Inc. v. Home InsuranceDistrict Court, E.D. New York · 1988

11 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. In Re: Prudential Lines Inc.Court of Appeals for the Second Circuit · 1998
  2. Dicola v. American Steamship Owners Mutual Protection & Indemnity Ass'n, Inc.Court of Appeals for the Second Circuit · 1998
  3. In Re SmithUnited States Bankruptcy Court, S.D. New York · 2012
  4. Asbestosis v. American Steamship Owners Mutual Protection & Indemnity Ass'nCourt of Appeals for the Second Circuit · 2008
  5. Asbestosis v. American Steamship Owners Mutual Protection & Indemnity Ass'n (In Re Prudential Lines Inc.)Court of Appeals for the Second Circuit · 2008

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API