Plymouth Mut. Life Ins. Co. v. Illinois Mid-Continent Life Ins. Co. of Chicago, Illinois, 378 F.2d 389 (3d Cir. 1967). · Go Syfert
Plymouth Mut. Life Ins. Co. v. Illinois Mid-Continent Life Ins. Co. of Chicago, Illinois, 378 F.2d 389 (3d Cir. 1967). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 2 distinct cases, last quoted 1981 · …practical rather than a technical construction. at p. 391
44 citation events (16 in the last 25 years) across 17 distinct courts.
Strongest positive: Prosser v. Prosser (vid, 1996-04-18)
Treatment trajectory · 1968 → 2026 · click a year to view as-of
1968 1997 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Prosser v. Prosser
D.V.I. · 1996 · quote attribution · 1 verbatim quote · confidence high
the policy against and the probability of avoidable piecemeal review are less likely to be decisive after judgment than before.
cited Cited as authority (rule) NEWMARK v. AMERICAN EXPRESS COMPANY
D.N.J. · 2022 · confidence medium
Co. of Chicago, 378 F.2d 389, 391 (3d Cir. 1967); Pacific Alliance Grp.
cited Cited as authority (rule) SERVICE EMPLOYEES INTERNATIONAL UNION HEALTHCARE PENNSYLVANIA v. HERITAGE VALLEY HEALTH SYSTEM
W.D. Pa. · 2020 · confidence medium
Co., 378 F.2d 389, 391 (3d Cir. 1967) (citation omitted); see also Sullivan v. Abraham, 488 S.W.3d 294, 297 (Tex. 2016) (“Punctuation is a permissible indicator of meaning.”); A. Scalia & B.
discussed Cited as authority (rule) Jacob Corman v. Secretary Commonwealth of Penn
3rd Cir. · 2018 · confidence medium
See also Isidor Paiewonsky, Inc. v. Sharp Properties, Inc., 998 F.2d 145 , 149-50 (3d Cir. 1993) (post-judgment orders are final and immediately appealable); Plymouth Mutual Life Insurance Co. v. Illinois Mid-Continent Life Insurance Co., 378 F.2d 389, 391 (3d Cir. 1967) (same).
discussed Cited as authority (rule) Jeffrey Harty v. State of New Jersey
3rd Cir. · 2018 · confidence medium
See Isidor Paiewonsky, Inc. v. Sharp Properties, Inc., 998 F.2d 145 , 149-50 (3d Cir. 1993) (post-judgment orders are final and immediately appealable); Plymouth Mutual Life Insurance Co. v. Illinois Mid-Continent Life Insurance Co., 378 F.2d 389, 391 (3d Cir. 1967) (same).
cited Cited as authority (rule) Jacob's Limousine Transportation, Inc. v. City of Newark
3rd Cir. · 2017 · confidence medium
Co., 378 F.2d 389, 391 (3d Cir. 1967).
discussed Cited as authority (rule) Michael Osei v. Temple University
3rd Cir. · 2016 · confidence medium
See also Isidor Paiewonsky, Inc. v. Sharp Properties, Inc., 998 F.2d 145 , 149-50 (3d Cir. 1993) (post-judgment orders are final and immediately appealable); Plymouth Mutual Life Insurance Co. v. Illinois Mid-Continent Life Insurance Co., 378 F.2d 389, 391 (3d Cir. 1967) (same).
cited Cited as authority (rule) United States v. Jeremy Noyes
3rd Cir. · 2015 · confidence medium
Co., 378 F.2d 389, 391 (3d Cir.1967).
cited Cited as authority (rule) United States v. Angel Serrano
3rd Cir. · 2014 · confidence medium
Co., 378 F.2d 389, 391 (3d Cir.1967) (same).
cited Cited as authority (rule) Nezzy Adderly v. Donna Zickefoose
3rd Cir. · 2012 · confidence medium
Co., 378 F.2d 389, 391 (3d Cir.1967).
cited Cited as authority (rule) Assem Abulkhair v. Liberty Mutl Ins Co
3rd Cir. · 2011 · confidence medium
Co., 378 F.2d 389, 391 (3d Cir.1967) (same).
cited Cited as authority (rule) George Lombardi v. Victoria Wingo
3rd Cir. · 2011 · confidence medium
Co. of Chicago, Ill., 378 F.2d 389, 391 (3d Cir. 1967) (internal quotation marks omitted).
cited Cited as authority (rule) United States v. Craft
3rd Cir. · 2008 · confidence medium
Co., 378 F.2d 389, 391 (3d Cir. 1967).
cited Cited as authority (rule) Deloach v. Lorillard Tobacco Co.
4th Cir. · 2004 · confidence medium
Co., 378 F.2d 389, 391 (3d Cir.1967) (quoting Gillespie v. U.S. Steel Corp., 379 U.S. 148, 152 , 85 S.Ct. 308 , 13 L.Ed.2d 199 (1964)).
cited Cited as authority (rule) Deloach v. Lorillard Tobacco Company
4th Cir. · 2004 · confidence medium
Co., 378 F.2d 389, 391 (3d Cir.1967) (quoting Gillespie v. U.S. Steel Corp., 379 U.S. 148, 152 , 85 S.Ct. 308 , 13 L.Ed.2d 199 (1964)).
cited Cited as authority (rule) DeLoach v. Philip Morris USA
4th Cir. · 2004 · confidence medium
Co., 378 F.2d 389, 391 (3d Cir. 1967) (quoting Gillespie v. U.S. Steel Corp., 379 U.S. 148, 152 (1964)).
discussed Cited as authority (rule) New Castle County, Delaware v. National Union Fire Insurance Company of Pittsburgh, Pa
3rd Cir. · 1999 · confidence medium
Co. of Chicago, IL, 378 F.2d 389, 391 (3d Cir.1967) (stating that "punctuation may be used as an aid in interpreting a contract”); 17A Am.Jur.2d Contracts § 370 (1991) (slating that "where words do not have a plain meaning, the rules of punctuation may be of some assistance”).
cited Cited as authority (rule) New Castle County v. Natl Union Fire Ins
3rd Cir. · 1999 · confidence medium
Co. of Chicago, IL, 378 F.2d 389, 391 (3d Cir. 1967) (stating that "punctuation may be used as an aid in interpreting a contract"); 17A Am.
cited Cited as authority (rule) Crane v. Crane
D.C. · 1995 · confidence medium
Co., 378 F.2d 389, 391 (3d Cir.1967).
discussed Cited as authority (rule) Isidor Paiewonsky Associates, Inc. v. Sharp Properties, Inc.
3rd Cir. · 1993 · confidence medium
Co., 378 F.2d 389, 391 (3d Cir.1967)); accord Pennsylvania v. Flaherty, 983 F.2d 1267, 1276 (3d Cir.1993). 20 In order to illustrate the urgency, or at least the practical necessity, of permitting an appeal from an order granting the writ of assistance, we contrast the situation at bar with the situation that would have existed had Bared appealed the district court's confirmation of the arbitration award, when an appeal arguably would have been premature.
cited Cited as authority (rule) Isidor Paiewonsky Associates, Inc. v. Sharp Properties, Inc.
3rd Cir. · 1993 · confidence medium
Co., 378 F.2d 389, 391 (3d Cir. 1967)); accord Pennsylvania v. Flaherty, 983 F.2d 1267, 1276 (3d Cir. 1993).
cited Cited as authority (rule) Oracare DPO, Inc. v. Merin
3rd Cir. · 1992 · confidence medium
Co., 378 F.2d 389, 391 (3d Cir.1967).
cited Cited as authority (rule) Robert and Beverly Ohntrup v. Firearms Center, Inc. v. Makina Ve Kimya Endustrisi Kurumu Morgan, Lewis & Bockius
3rd Cir. · 1986 · confidence medium
Co., 378 F.2d 389, 391 (3rd Cir.1967).
discussed Cited as authority (rule) Village of Kaktovik v. James G. Watt, Secretary of the Department of the Interior, North Slope Borough v. James G. Watt, Secretary of the Department of the Interior, National Wildlife Federation v. James G. Watt, in His Official Capacity as Secretary, U. S. Department of the Interior, Amoco Production Company, Intervenor-Defendant
D.C. Cir. · 1982 · confidence medium
Co., 378 F.2d 389, 391 (3d Cir. 1967) 63 See, e.g., Protective Closures Co. v. Clover Inds., Inc., 394 F.2d 809, 812 (2d Cir. 1968) 64 See generally cases cited at note 62 supra 65 See, e.g., Dacanay, 573 F.2d at 1078 ("a litigant can no more repudiate a compromise agreement than he could disown any other binding contractual relationship") (citing Autera v. Robinson, 419 F.2d 1197 , 1201 n.17) 66 See, e.g., Jackson v. Washington Monthly Co., 569 F.2d 119 , 120 n.1 (D.C.Cir.1977); Walther & Cie v. United States Fidelity & Guaranty Co., 397 F.Supp. 937, 946 (M.D.Pa.1975) 67 See Corbin on Contrac…
cited Cited as authority (rule) Village of Kaktovik v. Watt
D.C. Cir. · 1982 · confidence medium
Co., 378 F.2d 389, 391 (3d Cir. 1967). .
discussed Cited as authority (rule) Okonko v. Union Oil Co. of California
C.D. Cal. · 1981 · confidence medium
Bradford & Co., 616 F.2d 167, 169 (5th Cir. 1980); Cumming v. Johnson, 616 F.2d 1069, 1072 (9th Cir. 1979); Dacanay v. Mendoza, 573 F.2d 1075, 1077-80 (9th Cir. 1978); Florida Education Ass’n, Inc. v. Atkinson, 481 F.2d 662, 663 (5th Cir. 1973); Plymouth Mutual Life Insurance Co. v. Illinois Mid-Continent Life Insurance Co., 378 F.2d 389, 391 (3d Cir. 1967).
discussed Cited as authority (rule) Township of Bensalem v. American Fidelity Fire Insurance
3rd Cir. · 1981 · confidence medium
These arguments rest on the assertion that this court’s jurisdictional statute should be given a “ ‘practical rather than a technical construction.’ ” Plymouth Mutual Life Insurance Co. v. Illinois Mid-Continent Life Insurance Co., 378 F.2d 389, 391 (3d Cir. 1967) (quoting Gillespie v. United States Steel Corp., 379 U.S. 148, 152 , 85 S.Ct. 308, 310 , 13 L.Ed.2d 199 (1964)).
discussed Cited as authority (rule) Township of Bensalem v. American Fidelity Fire Insurance Co. v. Central Penn National Bank v. Alten, Eugene J., American Fidelity Fire Insurance Company
3rd Cir. · 1981 · confidence medium
These arguments rest on the assertion that this court's jurisdictional statute should be given a " 'practical rather than a technical construction.' " Plymouth Mutual Life Insurance Co. v. Illinois Mid-Continent Life Insurance Co., 378 F.2d 389, 391 (3d Cir. 1967) (quoting Gillespie v. United States Steel Corp., 379 U.S. 148, 152 , 85 S.Ct. 308, 310 , 13 L.Ed.2d 199 (1964)).
cited Cited "see" Barcelona v. Fox Grocery Co. Employees' Pension Plan
W.D. Pa. · 1980 · signal: see · confidence high
See Plymouth Mutual Life Insurance Co. v. Illinois Mid-Continental Life Insurance Co., 378 F.2d 389 (3rd Cir. 1967).
cited Cited "see, e.g." Pennwalt Corp. v. Plough, Inc.
D. Del. · 1981 · signal: see, e.g. · confidence medium
See, e. g., Plymouth Mutual Life Insurance Co. v. Illinois Mid-Continent Life Insurance Co., 378 F.2d 389, 391 (3d Cir. 1967).
Retrieving the full opinion text from the archive…
PLYMOUTH MUTUAL LIFE INSURANCE COMPANY, Appellant,
v.
ILLINOIS MID-CONTINENT LIFE INSURANCE COMPANY OF CHICAGO, ILLINOIS
16124_1.
Court of Appeals for the Third Circuit.
May 9, 1967.
378 F.2d 389
1967 U.S. App. LEXIS 6435
Leonard J. Cook, Philadelphia, Pa. (William T. Coleman, Jr., Bruce W. Kauffman, Dilworth, Paxson, Kalish, Kohn & Levy, Philadelphia, Pa., on the brief), for appellant., Jerome J. Shestack, Philadelphia, Pa. (William T. Hangley, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., Feuerstein & Underweiser, New York City, on the brief), for appellee.
Biggs, Hastie, For-Man.
Cited by 41 opinions  |  Published

OPINION OF THE COURT

HASTIE, Circuit Judge.

This action was brought in July, 1965, by Plymouth Mutual Life Insurance Company, the present appellant, against Illinois Mid-Continent Life Insurance Company of Chicago, Illinois. An Agreement of Settlement and Release entered into by the parties was approved by order of the district court on January 4, 1966. One provision of this agreement has led to the present controversy. Paragraph VIII (A) stipulates:

“No later than one (1) week from the date of the signing of this Agreement, Plymouth and National, at their mutual expense, shared equally, shall send an impartial professional insurance adjuster (Irving Javer, of the Norman Reitman & Co., Rockefeller Plaza, New York City, New York, or if he is not available another impartial professional insurance adjuster mutually satisfactory to Plymouth and National) to Boston to inspect and study all of the books * * * in the possession, custody or control of Progressive Insurance Agency, Inc. * * *.”

The agreement also indicates that the adjuster’s report is to be the basis of deter[*391] mination whether a third party, Progressive Insurance Agency, Inc., shall continue to serve as paying agent in connection with certain claims.

Alleging that at the time Javer made the agreed investigation he was no longer in the employ of Norman Reitman & Co., appellee refused to accept his report. Accordingly, the district judge, acting upon some informal oral representation in chambers, heard argument but refused to receive tendered evidence and then ordered that another impartial insurance adjuster be selected by the parties. [1] Upon their failure to do so, the judge made the appointment himself. An appeal has been taken from both orders.

Appellee argues, preliminarily, that the orders of the district court are not “final” within the meaning of section 1291 of title 28, United States Code. But it is sometimes appropriate that the requirement of finality be given a “practical rather than a technical construction”. Gillespie v. United States Steel Corp., 1964, 379 U.S. 148, 85 S.Ct. 308, 13 L.Ed.2d 199. And this is especially so when supplementary post-judgment orders are involved, because the policy against and the probability of avoidable piecemeal review are less likely to be decisive after judgment than before. Cf. McDonnell v. Birrell, 2 Cir., 1963, 321 F.2d 946. The removal of Javer affected a substantial right for which appellant had bargained in agreeing to settlement. Alleged denial of that right is immediately reviewable by this court. Cf. Massachusetts Fire & Marine Insurance Co. v. Schmick, 8 Cir., 1932, 58 F.2d 130.

The merits of this controversy require an interpretation of the settlement agreement, specifically, of the words “of the Norman Reitman & Co.”. Appellant claims that these are merely words of description, identifying Javer, rather than a limitation on his acceptability as a neutral adjuster. In construing the agreement, basic contract principles are applied. Meaker Galvanizing Co. v. Mclnnes & Co., Inc., 1922, 272 Pa. 561, 116 A. 400. In ascertaining the intent of the parties, strong evidence may be provided by conduct of the parties themselves that is indicative of their understanding of what they had agreed. Atlantic Refining Co. v. Wyoming National Bank of Wilkes-Barre, 1947, 356 Pa. 226, 51 A.2d 719, 170 A.L.R. 1060. Here, appellant offered to prove that appellee knew before Javer began his investigation that he had left Reitman & Co., yet no objection was made to his functioning under the settlement agreement until after his report had been filed and found to be adverse to appellee’s contentions. These circumstances, if true, would justify a conclusion that the parties had selected Javer as an individual and that the continuation of his association with Reitman & Co. was, in their contemplation at the time of settlement, irrelevant to his acceptability.

But aside from the conduct of the parties after the event, where the terms of a contract are clear and unequivocal, the intent of the parties is appropriately determined form the document alone. Salant v. Fox, 3 Cir. 1921, 271 F. 449; Kennedy v. Erkman, 1957, 389 Pa. 651, 133 A.2d 550. That Javer was chosen as an acceptable individual rather than as a Reitman associate is suggested by the word “he” in the clause providing for another adjuster in case of Javer’s unavailability. This indication is reinforced by the provision that the parties should choose “another impartial adjuster”, rather than another associate of Norman Reitman & Co., if Javer should be unavailable. Also, punctuation may be used as an aid in interpreting a contract. Richter v. Commonwealth Casualty Co., 1928, 93 Pa.Super. 28. Here the words “of Norman Reitman & Co.” are set off by commas, inappropriate punctuation if the words were intended to be a limitation[*392] rather than description. And nothing in the language of the agreement suggests a contrary intention.

Since the meaning of this provision of the settlement agreement is in our view unambiguous, a hearing to determine intent is unnecessary. And because this case involves the immediate interests of policyholders, the implementation of the settlement agreement should not be delayed by unessential or unduly protracted disputes between insurance companies.

The orders of the district court will be vacated and the cause remanded for the entry of an order requiring the acceptance of Javer’s report.

1

. While we do not approve action on a contested matter like this without even requiring the filing of a motion, we find it unnecessary to make our decision here turn upon that procedural matter.