Legal Opinion
Federal Deposit Insurance v. Insurance Co. of North America
Court of Appeals for the First Circuit
Decided February 4, 1997No. 96-1556, 96-1557PublishedCited by 21 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
In 1977 the Massachusetts legislature enacted a statute, Mass.Gen.Laws ch. 175, § 112, which provided that, for certain types of liability insurance, the Commonwealth would adopt a “notice prejudice” rule. This new statutory rule departed from the traditional common law rule which had strictly enforced notice provisions in insurance policies, allowing forfeiture of coverage where notice to an insurer of a claim was late. The Supreme Judicial Court of Massachusetts subsequently extended, by common law, and then limited the extension of, the notice prejudice rule for…
2Cases cited26 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- O'Melveny & Myers v. Federal Deposit InsuranceSupreme Court of the United States · 1994
- Wallis v. Pan American Petroleum Corp.Supreme Court of the United States · 1966
- Brakeman v. Potomac Insurance Co.Supreme Court of Pennsylvania · 1977
- Atherton v. Federal Deposit Insurance Corp.Supreme Court of the United States · 1997
21 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Matador Petroleum Corp. v. St Paul Surplus Lines InsuranceCourt of Appeals for the Fifth Circuit · 1999
- Pacific Insurance Company, Limited, Appellant/cross-Appellee v. Eaton Vance Management, Appellee/cross-AppellantCourt of Appeals for the First Circuit · 2004
- A.W. Chesterton Co. v. ChestertonCourt of Appeals for the First Circuit · 1997
- Resolution Trust Corporation v. Fidelity And Deposit Company Of MarylandCourt of Appeals for the Third Circuit · 2000
- Genzyme Corp. v. Federal InsuranceCourt of Appeals for the First Circuit · 2010
16 more not listed; retrieve them via the Exa API.