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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 2013 Page 1 of about 101 results (0.079 seconds)

Feb 26 2013 (FN)

Clapper Vs. Amnesty International Usa

Court : US Supreme Court

Decided on : Feb-26-2013

..... . s. 227 244 (1937) (insurance company could seek declaration that it need not pay plaintiff for disability although plaintiff had not yet sought disability payments). see also, e.g., associated indemnity corp. v. fairchild industries, inc., 961 f. 2d 32, 35 36 (ca2 1992) (insured could seek declaration that insurance company must pay liability even before insured found liable). 2 in ..... broken, and defendant may still retract the repudiation). e.g., wisconsin power & light co. v. century indemnity co., 130 f. 3d 787, 792 793 (ca7 1997) (plaintiff could sue insurer that disclaimed liability for all costs that would be incurred in the future if environmental agencies required ..... turn and head for the united states. yet, despite the uncertainty, the constitution does not prohibit a federal court from hearing such a claim. see 23 r. lord, williston on contracts 63:35 (4th ed. 2002) (plaintiff may bring an anticipatory breach suit even though the defendant s promise is one to perform in the future, it has not yet been ..... that the risk of flood was only 60, rather than 90, percent? would federal courts deny standing to a plaintiff in a diversity action who claims an anticipatory breach of contract where the future breach depends on probabilities? the defendant, say, has threatened to load wheat onto a ship bound for india despite a promise to send the wheat to the .....

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Dec 18 2013 (FN)

Tan ChIn Yew Joseph Vs. Saxo Capital Markets Pte Ltd.

Court : Singapore Supreme Court

Decided on : Dec-18-2013

..... win. nor are these necessarily the only situations where the jurisdiction may be exercised; the discretion is not to be fettered or circumscribed beyond the requirement that taxation on an indemnity basis must be 'appropriate'. the english court of appeal approved these dicta in munkenbeck and marshall (a firm) v mcalpine (1995) 44 con lr 30 at 33. the recent ..... a deadline for booking the funds into a client's account which varies from day to day with the particular circumstances of each client. implying such a term gives the contract commercial absurdity rather than commercial efficacy. i would expect the plaintiff, with his background in the financial services sector, to understand that. the defendant included cl 5.1 in ..... his position changed over the course of the proceedings: (a) in his pleadings, the plaintiff alleged that by closing out his positions, the defendant breached the express terms of the contract to act according to his instructions. the plaintiff abandoned this allegation in his closing submissions. (b) in his pleadings, the plaintiff alleged that the defendant negligently handled his funds at ..... -only services to its clients through its electronic trading platform at discounted brokerage fees. the financial products which the defendant enables its clients to trade in this way include futures contracts for commodities such as precious metals. the plaintiff opens a trading account 5. on 18 may 2011, the plaintiff walked into the defendant's office in raffles place to .....

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Nov 06 2013 (FN)

In the Matter of The Alexandros T and Others

Court : UK Supreme Court

Decided on : Nov-06-2013

..... to cause, the subject matter of the two claims is different. the former are claims in tort (or its greek equivalent) and the claim for an indemnity is a claim in contract. as to object, that of the greek proceedings is to establish a liability under greek law akin to tort, whereas, as for example in the case of a ..... of the jurisdiction clauses in the settlement agreement and the policies; (v) damages for breach of the jurisdiction clauses in the policies and cmi settlement agreement; and (vi) an indemnity under clause 3 of that agreement in respect of claims brought by starlight and/or its associated companies in the various greek proceedings; (2) the lmi claim against starlight ( ..... to their contractual obligations and their legal obligations and in particular contrary to the provisions of the insurance contract, providing for the timely payment of the insurance indemnity." 12. they also include the claim that the appellants were asserting and disseminating false information to third parties, although they were aware of their falsity, damaging the claimants' ..... purpose that the underwriters (who were responsible for the payments of the insurance indemnity for the vessel) avoid paying the insurance indemnity, contrary to their contractual obligation and their legal obligation and in particular contrary to provisions of the insurance contract providing for the timely payment of the insurance indemnity " mr crampton then turned to what he called the "[i]ntentional fabrication .....

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May 29 2013 (FN)

Lourens Wepener Van Reenen Vs. Santam Limited

Court : South Africa Supreme Court of Appeal

Decided on : May-29-2013

..... insured. [14] the gist of the contentions made on the appellants behalf before us is that as these provisions allow the third party to exercise the insureds right to indemnity against the insurer, they effectively constitute a statutory cession of the insureds claim against the insured to the third party. santam gave no hint that it would not indemnify abakor ..... of abakors claim on 10 april 2001. and by assisting abakors opposition to the appellants claim, santam was in fact indemnifying abakor and complying with its obligations under the insurance contract. thus, abakor, and in turn the appellant, would not have been entitled to sue santam for specific performance of its contractual obligations before repudiation because there was no breach ..... the debt became due no earlier than 10 april 2001 when santam repudiated abakors claim for indemnification arising out of liquidators failure to comply with certain obligations under the insurance contract. thus, the period of prescription ran afresh from that date. an alternative allegation was that if the debt became due before the issue of summons on 13 january 2001, ..... appointment of abakors liquidators was made on 16 march 2001. [4] during the material time february to august 1997 abakor and the respondent (santam) were bound by a written contract of insurance. in terms of that agreement santam indemnified abakor, by means of an insurance policy issued by it, against any liability incurred against third parties for claims arising from .....

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Jul 24 2013 (FN)

In the Matter of the Nortel Companies and Another

Court : UK Supreme Court

Decided on : Jul-24-2013

..... until the employees were dismissed, which was after the company went into liquidation. but the obligation existed before, because the statutory scheme superimposed upon the contract of employment created the legal relationship which made the compensatory notice pay and the redundancy payments due. lord hoffmann, with whom the rest of the committee ..... in the victoria case of lofthouse v commissioner of taxation [2001] 164 flr 106, the statute conferred upon the commissioner an indemnity against the directors of a company if tax payments under the australian equivalent of paye were subsequently held repayable as insolvent transactions (in effect, preferences). the ..... indemnity was contingent upon the tax being determined to be repayable after the employer had gone into liquidation, but the statutory scheme created the ..... the meaning of s 82(1) of the act because the potential liability arose from an obligation pursuant to an indemnity. furthermore, all the objective circumstances giving rise to the potential for the invocation of the chose in action represented by the right to ..... indemnity had transpired prior to the third parties entering into their composition under pt x of the bankruptcy act." 136. in the .....

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Nov 14 2013 (FN)

Guardrisk Insurance Company Ltd and Others Vs. Kentz (Pty) Ltd.

Court : South Africa Supreme Court of Appeal

Decided on : Nov-14-2013

..... obliged to make payment in terms of the guarantees and accordingly granted judgment in favour of kentz. it also made an order in favour of guardrisk in terms of the indemnities and deed of suretyship. it is that order that is before us. [8] shortly before the hearing of this appeal, the liquidators of brokrew applied to this court, in ..... between the contractor and the employer. the purpose of the guarantees was to protect kentz in the event that brokrew could not perform its obligations in terms of the construction contract. [14] inlombard insurance co ltdv landmark holdings (pty) ltd and others, navsaja described a guarantee very similar to the performance guarantee in this matter as: ...not unlike irrevocable ..... the guarantor (guardrisk) to pay kentz (the employer) on the happening of a specified event.[4] it was recorded in the guarantees that notwithstanding the reference to the construction contract, the liability of the bank as principal is absolute and unconditional, and should not be construed to create an accessory or collateral obligation. the guarantees go further and specifically state ..... r17 million after the advance payment guarantee had been issued by guardrisk and submitted to kentz. the advance payment was to facilitate commencement of the works by brokrew, under the contract. this is typical of what is commonly referred to as construction guarantees. [3] it was common cause that brokrew experienced severe financial difficulties which impacted on its ability to .....

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Feb 13 2013 (FN)

In the Matter of Digital Satellite Warranty Cover Limited and Another ...

Court : UK Supreme Court

Decided on : Feb-13-2013

..... pay the cost incurred by the insured if, in fact, the insured himself pays for the repair or replacement in the first instance. the contract which provides only for repair and replacement, and not for payment of any indemnity, therefore falls within paragraph 16(b)." 19. i agree with this analysis and cannot improve on it. the only contrary argument is that ..... then within subparagraph (c)). i do not consider that there is any material distinction when it comes to determining whether a contract falls within paragraph 16 between a contract which provides only for repair or replacement and one which also provides an indemnity for costs actually incurred by the insured. in each case, the risk covered is essentially the same; it is the ..... themselves. they could do it, she submitted, only by a distinct enactment and then only by identifying distinct additional categories. ms anderson also accepted that class 18 ("assistance"), which covers contracts of insurance providing assistance for "persons who get into difficulties", did extend to those providing benefits in kind. but the authority has not sought to bring the present case within ..... the schedule to the order should be read subject to an implied exclusion of insurance providing for benefits in kind. this is certainly not the position at common law. a contract of insurance is a contract "for .....

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Mar 15 2013 (FN)

imvula Quality Protection (Pty) Ltd. Vs. Licinio Loureiro and Others

Court : South Africa Supreme Court of Appeal

Decided on : Mar-15-2013

..... been concluded between the appellant and ccandp. on the evidence this argument is without merit. the first respondent and ricardo testified about the circumstances relating to the conclusion of the contract. the first respondent had requested ricardo to arrange the guard service since the latter already knew the relevant persons in the industry. ricardo was adamant that he acted in his ..... my view the judge incorrectly invoked the doctrine and accordingly erred in this regard. [23] it follows that the first respondent has failed to establish that the appellant breached the contract. negligence [24] i turn now to that part of the first respondents claim based on negligence on the part of the appellant. this necessarily involves a consideration of mahlangus ..... managing director of izas and the first respondents insurance broker testified that izas only sought to recover the amount it had paid out. the cession accordingly related to the limited indemnity. it follows that the conclusion of the court below cannot be faulted. the special plea was correctly dismissed. the appeal on this ground fails. the identity of the ..... of the south gauteng high court, johannesburg (satchwell j) in which imvula quality protection (pty) ltd (the appellant) was found liable to mr licinio loureiro (the first respondent) in contract, and to mrs vanessa loureiro and their two minor sons (the second to fourth respondents respectively) in delict for the loss they allegedly suffered in a robbery which occurred at .....

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Apr 16 2013 (FN)

Us Airways, Inc. Vs. Mccutchen

Court : US Supreme Court

Decided on : Apr-16-2013

..... the erisa plan govern. neither general principles of unjust enrichment nor specific doctrines reflecting those principles such as the double-recovery or common-fund rules can override the applicable contract. we therefore reject the third circuit s decision. but second, the common-fund rule informs interpretation of us airways reimbursement provision. because that term does not advert to ..... enforce a lien based on agreement not a lien imposed independent of contract by virtue of equitable subrogation. [ 6 ] ibid. (internal quotation marks omitted). in light of that fact, we viewed the sereboffs equitable defenses which again, closely resemble ..... different equitable boxes. the sereboffs asserted a parcel of equitable defenses available when an out-of-pocket insurer brought a freestanding action for equitable subrogation, not founded on a contract, to succeed to an insured s judgment against a third party. ibid. but mid atlantic s reimbursement claim was considered equitable, we replied, because it sought to ..... s terms govern. neither general unjust enrichment principles nor specific doctrines reflecting those principles such as the double-recovery or common-fund rules invoked by mccutchen can override the applicable contract. pp. 5 11. (a) section 502(a)(3) authorizes the kinds of relief typically available in equity before the merger of law and equity. mertens v. hewitt .....

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Jun 10 2013 (FN)

Oxford Health Plans Llc Vs. Sutter

Court : US Supreme Court

Decided on : Jun-10-2013

..... a)(4) draws to delimit judicial review of arbitral decisions. the remainder of oxford s argument addresses merely the merits: the arbitrator, oxford contends at length, badly misunderstood the contract s arbitration clause. see brief for petitioner 21 28. the key text, again, goes as follows: no civil action concerning any dispute arising under this agreement shall be ..... -nielsen, 559 u. s., at 671). under stolt-nielson, oxford asserts, a court may thus vacate as ultra vires an arbitral decision like this one for misconstruing a contract to approve class proceedings. reply brief 7. but oxford misreads stolt-nielsen: we overturned the arbitral decision there because it lacked any contractual basis for ordering class procedures, not ..... one arbitrator. app. 15 16. the state court granted oxford s motion, thus referring the suit to arbitration. the parties agreed that the arbitrator should decide whether their contract authorized class arbitration, and he determined that it did. noting that the question turned on construction of the parties agreement, the arbitrator focused on the text of the arbitration ..... 12 135.?argued march 25, 2013 decided june 10, 2013 respondent sutter, a pediatrician, provided medical services to petitioner oxford health plans insureds under a fee-for-services contract that required binding arbitration of contractual disputes. he nonetheless filed a proposed class action in new jersey superior court, alleging that oxford failed to fully and promptly pay him and .....

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