Legal Opinion

Excess & Casualty Reinsurance Ass'n v. Insurance Commissioner of California

Court of Appeals for the Ninth Circuit

Decided September 14, 1981No. Nos. 79-3315, 79-3321PublishedCited by 19 opinions

1Opinion of the Court

CHOY, Circuit Judge:

This case, which is one of first impression in this circuit, calls upon us to determine who should receive reinsurance proceeds upon the insolvency of a reinsured company. We affirm the judgment below, which found that the statutory receiver was the appropriate recipient of such proceeds.

1. Introduction

Reinsurance1 is a special form of insurance obtained by insurance companies to help spread the burden of indemnification. A reinsurance company typically contracts with an insurance company to cover a specified portion of the insurance company’s obligation to indemnify a…

2Cases cited13 opinions

  1. Edelman v. JordanSupreme Court of the United States · 1974
  2. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  3. Ford Motor Co. v. Department of TreasurySupreme Court of the United States · 1945
  4. Hagood v. SouthernSupreme Court of the United States · 1886
  5. Missouri, Kansas & Texas Railway Co. v. Missouri Railroad & Warehouse CommissionersSupreme Court of the United States · 1901

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

3Cited by19 opinions

  1. United States v. Van CauwenbergheCourt of Appeals for the Ninth Circuit · 1991
  2. Landwehr v. DuPreeCourt of Appeals for the Ninth Circuit · 1995
  3. Gail Michelman v. Lincoln National Life InsurancCourt of Appeals for the Ninth Circuit · 2012
  4. EXECUTIVE RISK INDEMNITY, INC. v. Charleston Area Medical Center, Inc.District Court, S.D. West Virginia · 2009
  5. Ascherman v. General Reinsurance Corp.California Court of Appeal · 1986

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