Legal Opinion

Costle v. Fremont Indemnity Co.

District Court, D. Vermont

Decided October 26, 1993No. 2:93-cv-00157PublishedCited by 9 opinions

1Opinion of the Court

OPINION AND ORDER

PARKER, Chief Judge.

This is a commercial collection action instituted by the liquidator of a domestic insolvent insurance company against its out-of-state reinsurer for proceeds allegedly due under . several reinsurance contracts. The lawsuit was originally brought in state, court, but was removed by the defendants on the basis of diversity jurisdiction. Shortly after removal, defendants moved to stay the action in favor of arbitration. Plaintiff, however, seeks to have the case remanded to state court under the Burford abstention doctrine. In the alternative, plaintiff…

2Cases cited29 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  3. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  4. Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
  5. Burford v. Sun Oil Co.Supreme Court of the United States · 1943

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3Cited by9 opinions

  1. Ace Capital Re Overseas Ltd. v. Central United Life Insurance CompanyCourt of Appeals for the Second Circuit · 2002
  2. Garamendi v. Allstate Insurance CompanyCourt of Appeals for the Ninth Circuit · 1995
  3. Todd v. DSN Dealer Service Network, Inc.District Court, D. Kansas · 1994
  4. Koken v. Cologne Reinsurance (Barbados), Ltd.District Court, M.D. Pennsylvania · 1999
  5. Crawford v. Employers Reinsurance Corp.District Court, W.D. Oklahoma · 1995

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