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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1993 Page 1 of about 60 results (0.095 seconds)

Apr 26 1993 (FN)

United States Vs. California

Court : US Supreme Court

Decided on : Apr-26-1993

..... cause of action for money had and received to recover state taxes paid by wbec any more than the roosevelt steamship company could use the existence of a right to indemnity from the government to defeat a claim for recovery. see brady, supra, at 584. cf. farid v. smith, 850 f.2d 917 , 923 (ca2 1988) (a state's decision ..... against the private corporation. in defense, respondent contended "that if the judgment against [it] stands, the united states ultimately will have to pay it by reason of provisions of the contract between respondent and the [maritime] commission. it is therefore urged that the united states is the real party in interest." id., at 582. we rejected respondent's argument that petitioner ..... reimbursement for state tax assessments against the contractor, even though the contractor already has challenged the assessment and accepted a resolution of its claims. the government contends that, because its contract with wbec involved an advanced funding arrangement, the government was the one that actually paid the state taxes. because the disbursement of federal funds is involved, the government asserts, the ..... williams brothers engineering company (wbec) in 1978 and 1982, the state assessed approximately $14 million in such taxes against wbec for the tax years 1975 through 1981. under its contract with the united states, wbec received an annual fixed fee plus reimbursement for costs, including the state taxes. at the government's direction, wbec applied to the state board of .....

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Jun 28 1993 (FN)

Hartford Fire Ins. Co. Vs. California

Court : US Supreme Court

Decided on : Jun-28-1993

..... s. 244 , 247 (1989); b. ostrager & t. newman, handbook on insurance coverage 807 disputes chs. 15-16 (5th ed. 1992). and in the other category of reinsurance (indemnity reinsurance), either the terms of the underlying insurance policy are incorporated by reference (if the reinsurance is written under a facultative agreement), see j. butler & r. merkin, reinsurance law b ..... explanation difficult: "reinsurers also benefit from the services by iso and other rating or service organizations. the underlying rates and policy forms are the basis for many reinsurance contracts. reinsurers may also subscribe to various services. for example, a facultative reinsurer may subscribe to the rating service, so that they have the rating manuals available, or ..... as coercion "in the absence of any additional enforcement activity." 438 u. s., at 545, n. 18; see post, at 804 (contending that simple concerted agreements on contract terms are not properly characterized as boycotts). contrary to the majority's view, however, our decisions have suggested that "enforcement activity" is a multifarious concept. the south-eastern ..... 95 (" 130-134), charge another conspiracy among a somewhat different group of london reinsurers to withhold reinsurance for pollution coverage. the london reinsurers met and agreed that all reinsurance contracts covering north american casualty risks, including cgl risks, would be written with a complete exclusion for pollution liability coverage. id., at 32 (cal. complaint" 94-95). .....

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Oct 12 1993 (FN)

John Hancock Mut. Life Ins. Co. Vs. Harris Trust and Sav. Bank

Court : US Supreme Court

Decided on : Oct-12-1993

..... guarantee of a reasonable rate of return on those funds and the provision of a mechanism to convert the funds into guaranteed benefits at rates set by the contract. while another contract, with a different mix of features, might satisfy these requirements, gac 50 does not. indeed, hancock provided no real guarantee that benefits in any amount ..... , the insurer must guarantee a reasonable rate of return on those funds and provide a mechanism to convert them into guaranteed benefits at rates set by the contract. while another contract, with a different set of features, might satisfy these requirements, gac 50 does not; indeed, hancock provided no real guarantee that benefits in any amount ..... be relatively low compared to prevailing market rates, the contractually determined price for purchasing the annuities was correspondingly high and the pension plan considered the option of terminating the contract to be "prohibitively expensive." brief for respondent 5. withdrawing assets, as already mentioned, entailed a significant asset liquidation adjustment. therefore, before the 1977 amendment the ..... the guaranteed benefit policy exclusion. b hancock, joined by some amici, raises a threshold objection. erisa's fiduciary standards cannot govern an insurer's administration of general account contracts, hancock asserts, for that would pose irreconcilable conflicts between state and federal regulatory regimes. erisa requires fiduciaries to act "solely in the interest of the participants and .....

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Apr 30 1993 (SC)

Manipal Finance Corpn. Ltd. Vs. T. Bangarappa and anr.

Court : Supreme Court of India

Decided on : Apr-30-1993

Reported in : 1995(2)ALT(Cri)604; 1994Supp(1)SCC507

..... terms of the hire-purchase agreement, taken possession of the vehicle. while observing that prima facie this action could be supported by the contract, the learned magistrate directed the vehicle to be returned to the hirer on a mere indemnity bond. it is indeed surprising that without making good the charge of theft the hirer by using the state instrumentality, namely, the ..... of the vehicle and produced the same before the learned magistrate. the learned magistrate directed that the custody of the vehicle be delivered to the hirer on his executing an indemnity bond in the sum of rs 80,000 (rupees eighty thousand only) with one surety of like amount and directed the appellant to have the question of title determined by .....

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Apr 15 1993 (SC)

Ferro Alloys Corpn. Ltd. Vs. A.P. State Electricity Board and Another

Court : Supreme Court of India

Decided on : Apr-15-1993

Reported in : AIR1993SC2005; JT1993(3)SC82; 1993(2)SCALE593; 1993Supp(4)SCC136; [1993]3SCR199

..... the originator at least in england, of this theory. in gillespie brothers & co. ltd. v. roy bowles transport ltd. 1973 qb 400 where the question was whether an indemnity clause in a contract, on its true construction, relieved the indemnifier from liability arising to the indemnified from his own negligence, lord denning said (at pages 415-416):the time may come when ..... 60 misc. 720, 304 n.y.s. 191. unconscionability is generally recognized to include an absence of meaningful choice on the part of one of the parties, to a contract together with contract terms which are unreasonably favourable to the other party. gordon v. crown central petroleum corp. d.c.ga., 423 f. supp. 58. typically the cases in which unconscionability is ..... held that interest is awardable in equity.70. a distinction will have to be made between unreasonable and unconscionable. in administrative law mere unreasonableness is enough to set aside a contract while unconscionable relates to private law. if interest is not paid security deposit cannot be demanded as this will amount to unconscionable bargain. as to the meaning of unconscionability, ..... of the adequacy of the existing consumption deposit. the review shall take into account the following factors:(i) in the case of consumers where there is no change in (he contracted demand, the average consumption for the proceeding twelve months after taking into consideration the quantum and nature of restrictions imposed, if any, during that period shall he the basis.( .....

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Nov 02 1993 (FN)

Hagen Vs. Utah

Court : US Supreme Court

Decided on : Nov-02-1993

hagen v. utah - 510 u.s. 399 (1993) october term, 1993 syllabus hagen v. utah certiorari to the supreme court of utah no.92-6281. argued november 2, 1993-decided february 23,1994 petitioner, an indian, was charged in utah state court with distribution of a controlled substance in the town of myton, which lies within the original boundaries of the uintah indian reservation on land that was opened to non-indian settlement in 1905. the trial court rejected petitioner's claim that it lacked jurisdiction over him because he was an indian and the crime had been committed in "indian country," see 18 u. s. c. 1151, such that federal jurisdiction was exclusive. the state appellate court, relying on ute indian tribe v. utah, 773 f.2d 1087 (calo), cert. denied, 479 u. s. 994, agreed with petitioner's contentions and vacated his conviction. the utah supreme court reversed and reinstated the conviction, ruling that congress had "diminished" the reservation by opening it to non-indians, that myton was outside its boundaries, and thus that petitioner's offense was subject to state criminal jurisdiction. see solem v. bartlett, 465 u. s. 463 , 467 ("states have jurisdiction over ... opened lands if the applicable surplus land act freed that land of its reservation status and thereby diminished the reservation boundaries"). held: because the uintah reservation has been diminished by congress, the town of myton is not in indian country and the utah courts properly exercised criminal .....

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Jun 11 1993 (FN)

Department of Treasury Vs. Fabe

Court : US Supreme Court

Decided on : Jun-11-1993

..... with arrangements made between blue shield and participating pharmacies." 440 u. s., at 213-214 (footnote omitted). there can be no doubt that the actual performance of an insurance contract falls within the "business of insurance," as we understood that phrase in pireno and royal drug. to hold otherwise would be mere formalism. the court's statement in pireno that ..... statute (1) transfers and spreads the risk of insurer insolvency; (2) involves an integral part of the policy relationship because it is designed to maintain the reliability of the insurance contract; and (3) focuses upon the protection of policyholders by diverting the scarce resources of the liquidating entity away from other creditors. 939 f. 2d, at 351-352.4 relying ..... entities within the insurance industry. thus, such actual performance is an essential part of the "business of insurance." because the ohio statute is integrally related to the performance of insurance contracts after bankruptcy, it is a law "enacted ... for the purpose of regulating the business of insurance" within the meaning of 2(b). this plain reading of the mccarran-ferguson ..... ohio stat- 492 syllabus ute to the extent that the latter furthers policyholders' interests. pireno does not support petitioners' argument to the contrary, since the actual performance of an insurance contract satisfies each prong of the pireno test: performance of the terms of an insurance policy (1) facilitates the transfer of risk from the insured to the insurer; (2) is .....

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Jan 13 1993 (FN)

Bray Vs. Alexandria Women's Health Clinic

Court : US Supreme Court

Decided on : Jan-13-1993

..... solution reached most probably left a lesser deprivation clause than congress intended. just as probably, if that solution were imported into the prevention clause, it would work an equally unintended contraction. iv the conclusion that the conditions placed on the deprivation clause narrow its intended scope prompts the question whether the reasons thought to argue in favor of placing such conditions ..... dependent upon this cardinal principle still exist in full force in most states. one of these is, that a married woman is incapable, without her husband's consent, of making contracts which shall be binding on her or him ... . " ... the paramount destiny and mission of woman are to fulfil the noble and benign offices of wife and mother. this is the .....

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Nov 30 1993 (FN)

Staples Vs. United States

Court : US Supreme Court

Decided on : Nov-30-1993

staples v. united states - 511 u.s. 600 (1993) october term, 1993 syllabus staples v. united states certiorari to the united states court of appeals for the tenth circuit no.92-1441. argued november 30, 1993-decided may 23,1994 the national firearms act criminalizes possession of an unregistered "firearm," 26 u. s. c. 5861(d), including a "machinegun," 5845(a)(6), which is defined as a weapon that automatically fires more than one shot with a single pull of the trigger, 5845(b). petitioner staples was charged with possessing an unregistered machine gun in violation of 5861(d) after officers searching his home seized a semiautomatic riflei. e., a weapon that normally fires only one shot with each trigger pullthat had apparently been modified for fully automatic fire. at trial, staples testified that the rifle had never fired automatically while he possessed it and that he had been ignorant of any automatic firing capability. he was convicted after the district court rejected his proposed jury instruction under which, to establish a 5861 (d) violation, the government would have been required to prove beyond a reasonable doubt that staples knew that the gun would fire fully automatically. the court of appeals affirmed, concluding that the government need not prove a defendant's knowledge of a weapon's physical properties to obtain a conviction under 5861(d). held: to obtain a 5861(d) conviction, the government should have been required to prove beyond a reasonable doubt that .....

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Nov 29 1993 (FN)

Northwest Airlines, Inc. Vs. County of Kent

Court : US Supreme Court

Decided on : Nov-29-1993

northwest airlines, inc. v. county of kent - 510 u.s. 355 (1993) october term, 1993 syllabus northwest airlines, inc., et al. v. county of kent, michigan, et al. certiorari to the united states court of appeals for the sixth circuit no. 92-97. argued november 29, 1993-decided january 24,1994 respondents, the owner and operators of michigan's kent county international airport (collectively, the airport), collect rent and fees from three groups of airport users: commercial airlines, including petitioners (airlines); general aviation; and concessionaires such as car rental agencies and gift shops. the airport allocates its air-operations costs--e. g., maintaining runways-to the airlines and general aviation in proportion to their airfield use, and its terminal maintenance costs to the airlines and concessions in proportion to each tenant's square footage. it charges the airlines 100% of their allocated costs, but general aviation only 20% of its costs. the concessions' rates substantially exceed their allocated costs, yielding a sizable surplus that offsets the general aviation shortfall and has swelled the airport's reserve fund by more than $1 million per year. mter the county board of aeronautics unilaterally increased the airlines' fees, they challenged the new rates, attacking (1) the airport's failure to allocate any airfield costs to the concessions, (2) the surplus generated by the fee structure, and (3) the airport's failure to charge general aviation 100% of its .....

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