Legal Opinion

Annette Heyman v. Commerce and Industry Insurance Company

Court of Appeals for the Second Circuit

Decided October 24, 1975No. 92, Docket 75-7230PublishedCited by 1,023 opinions

1Opinion of the Court

IRVING R. KAUFMAN, Chief Judge:

Although the basic principles for granting summary judgment 1 are well-established, the frequent recurrence of cases in which granting it is inappropriate persuades us that these underlying tenets bear repetition. In order to elucidate the impropriety of applying summary judgment in the present case involving the interpretation of an insurance settlement agreement, a brief review of the facts is appropriate.

Annette Heyman, a Connecticut resident, owns a shopping center in West-field, Massachusetts. In April, 1972, she secured a three-year fire insurance policy…

2Cases cited17 opinions

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  3. First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
  4. Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
  5. American Manufacturers Mutual Insurance Company v. American Broadcasting-Paramount Theatres, Inc.Court of Appeals for the Second Circuit · 1967

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

3Cited by1,023 opinions

  1. Carol A. Gallo v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation ManagementCourt of Appeals for the Second Circuit · 1994
  2. Zhang v. United States Immigration & Naturalization ServiceCourt of Appeals for the Second Circuit · 2004
  3. Carole Tomka v. The Seiler Corporation, Daniel Lucey, David Polonsky and Timothy ConroyCourt of Appeals for the Second Circuit · 1995
  4. Meiri v. DaconCourt of Appeals for the Second Circuit · 1985
  5. Quinn v. Syracuse Model Neighborhood Corp.Court of Appeals for the Second Circuit · 1980

1,018 more not listed; retrieve them via the Exa API.

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