green
Positive treatment
Quoted verbatim 3×
9.1 score
“f the term 'damages' is given the broad, boundless connotations sought by the , then the term 'damages' in the contract. . . would become mere surplusage, because any obligation to pay would be covered. . . .”
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988
2007
2026
Top citers, strongest first. 26 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Hill v. Knapp
under the lhwca, workers' compensation is the exclusive remedy for an injured employee against his employer.
examined
Cited as authority (quoted)
City of Edgerton v. General Casualty Co.
(2×)
f the term 'damages' is given the broad, boundless connotations sought by the , then the term 'damages' in the contract. . . would become mere surplusage, because any obligation to pay would be covered. . . .
discussed
Cited as authority (quoted)
CSX Transportation, Inc. v. United Transportation Union
even a cursory reading of the relevant sections of the would lead the reader to believe that those practices which now challenges are completely proper under the collective bargaining agreement.
discussed
Cited "see"
Parks v. Cooper
See Caminiti v. Boyle, 107 Wash.2d 662 , 732 P.2d 989, 995 (1987) (stating Shoreline Management Act complied with the requirements of the constitutional public trust), cert. denied, 484 U.S. 1008 , 108 S.Ct. 703 , 98 L.Ed.2d 654 (1988). [¶ 46.] From our examination of the statutes and precedent, we conclude that the State of South Dakota retains the right to use, control, and develop the water in these lakes as a separate asset in trust for the public.
cited
Cited "see"
State v. Longshore
See Caminiti v. Boyle, 107 Wn.2d 662, 668 , 732 P.2d 989 (1987), cert. denied, 484 U.S. 1008 (1988).
discussed
Cited "see"
Stonewall Insurance Company, Plaintiff-Appellant-Cross-Appellee v. Asbestos Claims Management Corporation, Defendant-Appellee-Cross-Appellant, Liberty Mutual Insurance Company, Underwriters at Lloyds, Continental Casualty Company, American Motorists Insurance Company, Affiliated Fm Insurance Company, Republic Insurance Company, First State Insurance Company, United States Fire Insurance Company, Houston General Insurance Company, Twin City Fire Insurance Company, Old Republic Insurance Company, American Centennial Insurance Company, the Constitution State Insurance Company, Employers Insurance of Wausau, and Commercial Union Insurance Company, Defendants-Appellants-Cross-Appellees, and the Travelers Insurance Company, Asbestos Claims Management Corporation, Third-Party-Plaintiff-Appellee-Cross-Appellant v. International Insurance Company, Third-Party-Defendant-Appellant-Cross-Appellee, and H.S. Weavers (Underwriting) Agencies, Ltd., Third-Party
See Maryland Casualty Co. v. Armco, Inc., 822 F.2d 1348, 1353 (4th Cir.1987) (costs incurred in taking preventive measures to avert possible future health risks do not represent current "property damage"), cert. denied, 484 U.S. 1008 , 108 S.Ct. 703 , 98 L.Ed.2d 654 (1988). 135 Nevertheless, the claimants' buildings have suffered "physical injury" as a result of installation of the ACMs, and the costs incurred to remedy the asbestos hazard and protect against future releases are measures of the damages resulting from that injury.
discussed
Cited "see"
Stonewall Insurance v. Asbestos Claims Management Corp.
See Maryland Casualty Co. v. Armco, Inc., 822 F.2d 1348, 1353 (4th Cir.1987) (costs incurred in taking preventive measures to avert possible future health risks do not represent current “property damage”), cert. denied, 484 U.S. 1008 , 108 S.Ct. 703 , 98 L.Ed.2d 654 (1988).
cited
Cited "see"
Progressive Animal Welfare Society v. University of Washington
See Caminiti v. Boyle, 107 Wn.2d 662, 675 , 732 P.2d 989 (1987), cert. denied, 484 U.S. 1008 (1988).
discussed
Cited "see"
Eastern Stainless Corp. v. American Protection Insurance
Under Maryland conflicts rules, the last act performed which renders an insurance contract binding, is “[tjypically ... where the policy is delivered and the premiums are paid.” Sting Security, Inc. v. First Mercury Syndicate, Inc., 791 F.Supp. 555, 558 (D.Md.1992). 2 If, however, the insurance policy provides that “it shall not be valid until it is countersigned by an officer or agent of the company, the place of countersigning is held to be the place of the making of the contract.” Ohio Casualty Insurance Co. v. Ross, 222 F.Supp. 292, 295 (D.Md. 1963) (emphasis in original); accord M…
cited
Cited "see"
Gebbie v. Olson
See Caminiti v. Boyle, 107 Wn.2d 662 , 732 P.2d 989 (1987), cert. denied, 484 U.S. 1008 (1988); State v. Maciolek, 101 Wn.2d 259, 263-64 , 676 P.2d 996 (1984).
discussed
Cited "see"
Intel Corporation v. Hartford Accident & Indemnity Company
See Maryland Casualty Co. v. Armco, Inc., 822 F.2d 1348, 1355 (4th Cir.1987) (insured would tend to overuse “free” resource of insurance), cert. denied, 484 U.S. 1008 , 108 S.Ct. 703 , 98 L.Ed.2d 654 (1988).
discussed
Cited "see"
New Castle County v. Hartford Accident And Indemnity Company
See Maryland Casualty Co. v. Armco, Inc., 822 F.2d 1348 (4th Cir.1987), cert. denied, 484 U.S. 1008 , 108 S.Ct. 703 , 98 L.Ed.2d 654 (1988); Continental Insurance Cos. v. Northeastern Pharmaceutical & Chemical Co., 842 F.2d 977 (8th Cir.) (en banc ), cert. denied, 488 U.S. 821 , 109 S.Ct. 66 , 102 L.Ed.2d 43 (1988) ("NEPACCO"); Patrons Oxford Mutual Insurance Co. v. Marois, 573 A.2d 16 (Me.1990). 48 102 The Armco case, like this one, involved a declaratory judgment action brought by an insurer to determine whether a standard CGL policy obligated it to indemnify its insured for liability arisin…
discussed
Cited "see"
New Castle County v. Hartford Accident & Indemnity Co.
See Maryland Casualty Co. v. Armco, Inc., 822 F.2d 1348 (4th Cir.1987), cert. denied, 484 U.S. 1008 , 108 S.Ct. 703 , 98 L.Ed.2d 654 (1988); Continental Insurance Cos. v. Northeastern Pharmaceutical & Chemical Co., 842 F.2d 977 (8th Cir.) (en banc), cert. denied, 488 U.S. 821 , 109 S.Ct. 66 , 102 L.Ed.2d 43 (1988) (“NEPACCO”); Patrons Oxford Mutual Insurance Co. v. Marois, 573 A.2d 16 (Me.1990). 48 The Armco case, like this one, involved a declaratory judgment action brought by an insurer to determine whether a standard CGL policy obligated it to indemnify its insured for liability arising…
cited
Cited "see"
TBG, Inc. v. Commercial Union Insurance
See, The Maryland Casualty Co. v. Armco, Inc., 822 F.2d 1348 (4th Cir.1987), cert. denied, 484 U.S. 1008 , 108 S.Ct. 703 , 98 L.Ed.2d 654 (1988); Mraz v. Canadian Universal Ins.
discussed
Cited "see"
Kareem Yehia v. Rouge Steel Corporation
(2×)
See Joia v. Jo-Ja Service Corp., 817 F.2d 908 (1st Cir.1987), cert. denied, 484 U.S. 1008 , 108 S.Ct. 703 , 98 L.Ed.2d 654 (1988), where a panel of the same court that decided Peymann held that the defendant was not entitled to a Peymann instruction where someone over whom the plaintiff had no control had let a mixture of hydraulic oil and water flood an engineroom, and the plaintiff, who had been directed to clean up the mess, slipped and fell as he walked through the oil and water on the engineroom deck.
discussed
Cited "see"
Aerojet-General Corp. v. Superior Court
(2×)
Co. v. Armco, Inc. (4th Cir. 1987) 822 F.2d 1348 , 1351, cert. den. (1988) 484 U.S. 1008 [ 98 L.Ed.2d 654 , 108 S.Ct. 703 ]; see United States v. Northeastern Pharmaceutical (8th Cir. 1986) 810 F.2d 726, 749 , cert. den. (1987) 484 U.S. 1008 [ 98 L.Ed.2d 102 , 108 S.Ct. 146 ]: “When the government seeks recovery of its response costs under CERCLA ... it is in effect seeking equitable relief in the form of restitution or reimbursement of the costs it expended in order to respond to the health and environmental danger presented by hazardous substances.”) But the equitable nature of CERCLA re…
discussed
Cited "see, e.g."
Booher v. Olczak
See also Cunningham v. Insurance Company of North America, 515 Pa. 486 , 491, 530 A,2d 407 , 409 (1987), cert. denied, 484 U.S. 1008 , 108 S.Ct. 704 , 98 L.Ed.2d 655 (1988) (the public policy underlying statutes of limitation is that defendants should be protected against the prejudice of having to defend against stale claims). ¶ 11 Motion to quash denied.
discussed
Cited "see, e.g."
Warren v. City of Junction City, Kan.
See, e.g., Ewers v. Board of County Comm’rs, 802 F.2d 1242 , 1249 (10th Cir.1986), ce rt. denied, 484 U.S. 1008 , 108 S.Ct. 704 , 98 L.Ed.2d 655 (1988), reh’d on other grounds, 874 F.2d 736 (10th Cir.1989) (charges that the employee “padded the books” and “dragged out” cooperative jobs stigmatizing); Bailey v. Kirk, 777 F.2d 567, 580 (10th Cir.1985) (accusation of misappropriation of police property sufficiently stigmatizing); Garcia v. Board of Educ. of Socorro Consol.
discussed
Cited "see, e.g."
Humberto E. Restrepo v. Walter R. Kelly
See, e.g., Jenkins v. Coombe, 821 F.2d 158, 161 (2d Cir.1987) (filing cursory five-page brief on appeal), cert. denied, 484 U.S. 1008 , 108 S.Ct. 704 , 98 L.Ed.2d 655 (1988); Tippins v. Walker, 77 F.3d 682, 686 (2d Cir.1996) (sleeping through trial); Castellanos v. United States, 26 F.3d 717, 720 (7th Cir.1994) (failing to honor defendant’s instruction to file a notice of appeal).
discussed
Cited "see, e.g."
State v. Signo Trading International, Inc.
(2×)
See also Maryland Casualty Co. v. Armco, Inc., 822 F. 2d 1348 (4th Cir.1987) (holding costs of complying with environmental injunction not "damages"), cert. denied, 484 U.S. 1008 , 108 S.Ct. 703 , 98 L.Ed. 2d 654 (1988).
discussed
Cited "see, e.g."
William Cody v. Robert J. Henderson, Warden, Auburn Correctional Facility
See also Jenkins v. Coombe, 821 F.2d 158, 161-62 (2d Cir.1987), cert. denied, 484 U.S. 1008 , 108 S.Ct. 704 , 98 L.Ed.2d 655 (1988), where a new appeal was ordered because the state prisoner had no counsel on his initial appeal.
discussed
Cited "see, e.g."
Norma Iris Hiraldo-Cancel v. Jose E. Aponte, Etc.
See also Joia v. Jo-Ja Service Corp., 817 F.2d 908, 912 (1st Cir.1987) (“While all parties are entitled to an adequate jury instruction upon the controlling issues, the court need not employ the precise language urged by any party.”), cert. denied, 484 U.S. 1008 , 108 S.Ct. 703 , 98 L.Ed.2d 654 (1988).
discussed
Cited "see, e.g."
W.R. Grace & Company v. Continental Casualty Company
See, e.g., Maryland Casualty Co. v. Armco, Inc., 822 F.2d 1348, 1353 (4th Cir.1987), cert. denied, 484 U.S. 1008 , 108 S.Ct. 703 , 98 L.Ed.2d 654 (1988) (costs incurred in taking preventative measures to avert possible future health risks do not represent current "property damage"); Millers Mutual Fire Ins.
discussed
Cited "see, e.g."
W.R. Grace & Co. v. Continental Casualty Co.
See, e.g., Maryland Casualty Co. v. Armco, Inc., 822 F.2d 1348, 1353 (4th Cir.1987), ce rt. denied, 484 U.S. 1008 , 108 S.Ct. 703 , 98 L.Ed.2d 654 (1988) (costs incurred in taking preventative measures to avert possible future health risks do not represent current “property damage”); Millers Mutual Fire Ins.
discussed
Cited "see, e.g."
Phelps v. Wichita Eagle-Beacon
See also Ewers v. Board of County Commissioners of Curry County, 802 F.2d 1242, 1247 (10th Cir.1986) (to establish a claim of deprivation of a liberty interest in reputation under Section 1983, plaintiff must allege stigma plus harm to some other tangible interest such as employment), reh'g granted, 813 F.2d 1583 (1987), cert. denied, 484 U.S. 1008 , 108 S.Ct. 704 , 98 L.Ed.2d 655 (1988),opinion on reh'g, 874 F.2d 736 (10th Cir.1989) (cited proposition unaffected); Goulding v. Feinglass, 811 F.2d 1099, 1102-03 (7th Cir.) (for lawyer to establish a deprivation of a property interest, his legal …
discussed
Cited "see, e.g."
Phelps v. Wichita Eagle-Beacon
See also Ewers v. Board of County Commissioners of Curry County, 802 F.2d 1242, 1247 (10th Cir.1986) (to establish a claim of deprivation of a liberty interest in reputation under Section 1983, plaintiff must allege stigma plus harm to some other tangible interest such as employment), reh’g granted, 813 F.2d 1583 (1987), cert. denied, 484 U.S. 1008 , 108 S.Ct. 704 , 98 L.Ed.2d 655 (1988), opinion on reh’g, 874 F.2d 736 (10th Cir.1989) (cited proposition unaffected); Goulding v. Feinglass, 811 F.2d 1099, 1102-03 (7th Cir.) (for lawyer to establish a deprivation of a property interest, his l…
Retrieving the full opinion text from the archive…
Elzey
v.
Archer
v.
Archer
No. 87-763.
Supreme Court of the United States.
Jan 11, 1988.
484 U.S. 1008
Ct. App. Ind. Certiorari denied.