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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Page 1 of about 9,392 results (0.076 seconds)

Jul 01 1996 (FN)

United States Vs. Winstar Corp.

Court : US Supreme Court

..... the reserved powers doctrine inapplicable because "the private party to the contract does not seek to stay the exercise of sovereign authority, but merely requests damages for breach of contract," post, at 923, he appears to adopt a distinction between contracts of indemnity and contracts not to change the law similar to the unmistakability analysis he rejects ..... . the requirement of unmistakability embodies this reversal of the normal reasonable presumption. governments do not ordinarily agree to curtail their sovereign or legislative powers, and contracts must be interpreted in a commonsense way against that background understanding. here, however, respondents contend that they have overcome this reverse presumption that the government ..... in the court of federal claims, seeking monetary damages on both contractual and constitutional theories. that court granted respondents' motions for partial summary judgment on contract liability, finding in each case that the government had breached contractual obligations to permit respondents to count supervisory goodwill and capital credits toward their regulatory capital ..... toward regulatory capital requirements, respondents each filed suit against the united states in the court of federal claims, seeking damages for, inter alia, breach of contract. in granting each respondent summary judgment, the court held that the government had breached its contractual obligations and rejected the government's "unmistakability defense"-that surrenders .....

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Oct 30 1995 (FN)

Hercules, Inc. Vs. United States

Court : US Supreme Court

..... supra, 561. the majority cannot argue that, because those five sets of circumstances suggest the contrary. first, the majority implies that a contracting officer, in all likelihood, would not have agreed to an implicit promise of 437 indemnity, for doing so would amount to a bypass of, and "render ... superfluous," the statutes and "panoply of implementing regulations" that ..... c. 14311435 (1988 ed. and supp.v)). 12ju8tice breyer asserts that, by citing these statutes and regulations, "the majority implies that a contracting officer, in all likelihood, would not have agreed to an implicit promise of indemnity, for doing so would amount to a bypass of" the provisions. post, at 436-437. we view the statutes and regulations, which ..... implication as it is to those expressly made." sutton, 256 u. s., at 580 (opinion of brandeis, j.). when thompson contracted with the united states, statutory mechanisms existed under which a government contracting officer could provide an indemnity agreement to specified classes of contractors under specified conditions. see, e. g., 50 u. s. c. 1431 (1988 ed., supp. v) ..... provided to defense contractors); 10 u. s. c. 2354 (1956 statute authorizing indemnification provisions in contracts of a military department for research or development); 42 u. s. c. 2210 (indemnity scheme, first enacted statutes that expressly provide for the creation of indemnity agreements); the act bars agreements for which there has been no appropriation. we consider open-ended .....

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Jun 15 1989 (FN)

Colonial Amer. Life Ins. Vs. Commissioner

Court : US Supreme Court

..... of the court. the arcane but financially important question before us is whether ceding commissions paid by a reinsurance company to a direct insurer under a contract for indemnity reinsurance are fully deductible in the year tendered, or instead must be amortized over the anticipated life of the reinsurance agreements. i this case involves the ..... reinsurance ceded shall be included in return premiums." thus, to compress petitioner's labyrinthine statutory argument, petitioner should prevail in this case if ceding commissions for indemnity reinsurance are fairly encompassed in either the statutory term "premiums and other consideration arising out of reinsurance ceded" or the regulatory definition "consideration returned to another ..... income] "). our agreement with respondent as to the character of ceding commissions therefore resolves this case, absent some specific statutory provision indicating that ceding commissions for indemnity insurance are an exception to the general rule for which congress has authorized current deduction. petitioner offers three possible sources in subchapter l of such a specific ..... reinsurance agreement, the reinsurer steps into the ceding company's shoes, becoming directly liable to the policyholders and receiving all premiums directly. in contrast, under an indemnity reinsurance agreement, the reinsurer assumes no direct liability, instead reimbursing the ceding company for a specified percentage of the claims and expenses attributable to the risks that .....

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1978

LEE HY PAViNG CORP. Vs. O'CONNOR

Court : US Supreme Court

..... question whether the due process clause permits a tort plaintiff to obtain jurisdiction in new york over a defendant whose sole contact with the state arises from the defendant's contract for indemnity with a company that does business in new york. [ footnote 1 ] the case presents an issue of considerable importance, with troublesome ramifications in the spacious arena of personal injury .....

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Apr 26 1977 (FN)

United States Vs. Consumer Life Ins. Co.

Court : US Supreme Court

..... consent, once given, may not be rescinded except with the approval of the secretary or his delegate." "(b) definition of modified coinsurance contract." "for purposes of this section, the term 'modified coinsurance contract' means an indemnity reinsurance contract under the terms of which -- " "(1) a life insurance company (hereinafter referred to as 'the reinsurer') agrees to indemnify another ..... from the one presented here, is simply unintelligible if congress thought that 801 embodied an unvarying rule that reserves follow the risk. a conventional coinsurance contract is a particular form of indemnity reinsurance. [ footnote 28 ] the reinsurer agrees to reimburse the ceding company for a stated portion of obligations arising out of the covered policies. ..... 11). the difference in computation methods is not material for present purposes. [ footnote 7 ] each was an indemnity reinsurance treaty, obligating the reinsurer to reimburse the ceding company for its share of losses. such treaties constitute contracts between the companies only; the policyholders are not involved, and usually remain unaware that part or all of the ..... companies to invest the dollars, and, under the treaties, they kept all resulting investment income. nor were they mere "paymasters," as the government contends, for indemnity reinsurance of this type does not relieve the ceding company of its responsibility to policyholders. had the taxpayers become insolvent, the insurer still would have been obligated to .....

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Dec 05 1973 (FN)

Golden State Bottling Co., Inc. Vs. Nlrb

Court : US Supreme Court

..... potential liability for remedying the unfair labor practices is a matter which can be reflected in the price he pays for the business, or he may secure an indemnity clause in the sales contract which will indemnify him for liability arising from the seller's unfair labor practices." 164 n.l.r.b. 968, 969 (footnotes omitted). [ footnote 3 ] see, e. ..... potential liability for remedying the unfair labor practices is a matter which can be reflected in the price he pays for the business, or he may secure an indemnity clause in the sales contract which will indemnify him for liability arising from the seller's unfair labor practices." perma vinyl corp., 164 n.l.r.b. at 969. if the reinstated ..... collective bargaining agreement. the agreement originally had been entered into with another corporation which had subsequently merged with wiley for genuine business reasons. we held that the disappearance of the contracting corporation by merger did not necessarily terminate the rights of employees guaranteed by the agreement, and that the successor employer could be compelled to arbitrate so long as there was ..... ownership with the title of general manager and "president." indeed, all american's purchase of the business was conditioned on schilling's staying on in a managerial capacity; the sales contract expressly stipulated that schilling "shall have agreed to be employed by [all american] for a period of one year after the closing date as general manager. . . ." schilling participated on .....

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Feb 23 1972 (FN)

United States Vs. Generes

Court : US Supreme Court

..... gross business for the period 1954 through 1962. in 1962, the corporation seriously underbid two projects and defaulted in its performance of the project contracts. it proved necessary for maryland to complete the work. maryland then sought indemnity from generes and kelly. the taxpayer indemnified maryland to the extent of $162,104.57. in the same year, he also loaned ..... time basis. his total income was about $40,000 a year. he advanced money to the corporation and signed an indemnity agreement with a bonding company, which furnished bid and performance bonds for the construction contracts. the corporation defaulted on contracts in 1962, and the taxpayer advanced over $158,000 to the corporation and indemnified the bonding company to the extent ..... most of these were obtained from maryland casualty co. that underwriter required the taxpayer and kelly to sign an indemnity agreement for each bond it issued for the corporation. in 1958, however, in order to eliminate the need for individual indemnity contracts, taxpayer and kelly signed a blanket agreement with maryland whereby they agreed to indemnify it, up to a designated ..... as well, even though the non-qualifying motivation was the primary one." [ footnote 7 ] "you must, in short, determine whether mr. generes' dominant motivation in signing the indemnity agreement was to protect his salary and status as an employee or was to protect his investment in the kelly generes construction co." "mr. generes is entitled to prevail in .....

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Mar 09 1970 (FN)

United States Vs. Seckinger

Court : US Supreme Court

..... v. anaconda american brass co., 43 wis.2d 36, 168 n.w.2d 112 (1969) (indemnitor not liable for such portion of total liability attributable to act of indemnitee unless indemnity contract by express provision and strict construction so provides); cases collected in annot., 175 a.l.r. 8, 29-38 (1948). other cases do not require that indemnification for the indemnitee ..... to permit indemnification of the government for its own negligence, which had substantially contributed to the injury. held: though the government, under the contract clause involved here, cannot recover for its own negligence, it is entitled to indemnity on a comparative basis to the extent that it can prove that respondent's negligence contributed to the employee's injuries. pp. 397 u ..... court's opinion to the contrary, we do not deal here with "common law or statutory rules of contribution or indemnity." [ footnote 2/4 ] the only question the court decides is the meaning of the words of a clause in a government contract. [ footnote 2/5 ] i think the page 397 u. s. 220 meaning attributed to that clause today is as ..... evidence was presented to the district court. that court merely adhered to the construction of the contract that had been adopted by the court of appeals, 153 f.2d 605 (c.a.2d cir.1946), namely, that the united states was entitled to full indemnity from a stevedoring contractor although both the united states and the contractor were found to have been .....

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Jun 06 1966 (FN)

United States Vs. Equitable Life Assur. Soc'y

Court : US Supreme Court

..... american, supra, dealt with these identical problems, and we therefore turn to its teachings. there, "the claim for the attorney's fee . . . became enforceable under arkansas law as a contract of indemnity at the time of default . . . before the filing of the first federal tax liens." the suit in which the attorney's fee was earned was filed prior to the recording ..... formalistic device of characterizing subsequently accruing local liens as expenses of sale." likewise in pioneer american, the state was not permitted to upgrade its lien by the formalistic device of "indemnity." even where authorized by state statute, [ footnote 3 ] the distinction between costs and allowances for attorneys' fees is well recognized. in sioux county v. national surety co., 276 u. s .....

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Jun 10 1963 (FN)

United States Vs. Pioneer American Ins. Co.

Court : US Supreme Court

..... v. vorreiter, 355 u. s. 15 . thus, the fact that, under arkansas law, the claim for attorney's fees becomes enforceable upon default as a contract of indemnity does not foreclose inquiry by this court into the degree the claim is choate at that time. [ footnote 8 ] there is nothing in security mortgage co. ..... the claim for the attorney's fee, arising out of the obligations assumed by the taxpayer in 1958, became enforceable under arkansas law as a contract of indemnity at the time of default in october, 1960, before the filing of the first federal tax liens. furthermore, it is evidence that the suit ..... supreme court of arkansas subordinating the federal tax lien (26 u.s.c. 6321) to a lien for attorney's fees included in an antecedent mortgage contract. 235 ark. 267, 357 s.w.2d 653. because of conflict between the arkansas decision and united states v. bond, 279 f.2d 837 ..... surety made advances to complete another contract of the taxpayer, as the surety was obligated to do under its bond issued on that contract, and the taxpayer thereby became indebted to the surety. the majority held the surety's interest " ..... ball once again provides a parallel. sums due the contractor taxpayer under a particular construction contract were assigned to the surety as security for any future indebtedness of the contractor to the surety arising under that contract or any other. after the filing of the federal tax lien against the contractor, the .....

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