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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1989 Page 1 of about 84 results (0.238 seconds)

Jun 15 1989 (FN)

Colonial Amer. Life Ins. Vs. Commissioner

Court : US Supreme Court

Decided on : Jun-15-1989

..... 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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Mar 06 1989 (FN)

Volt Inf. Sciences Vs. Stanford Univ.

Court : US Supreme Court

Decided on : Mar-06-1989

..... for arbitration. stanford responded by filing an action against volt page 489 u. s. 471 in california superior court, alleging fraud and breach of contract; in the same action, stanford also sought indemnity from two other companies involved in the construction project, with whom it did not have arbitration agreements. volt petitioned the superior court to compel arbitration ..... made a formal demand for arbitration. in response, appellee filed an action against appellant in the california superior court alleging fraud and breach of contract; in the same action, appellee sought indemnity from two other parties involved in the construction project, with whom it did not have arbitration agreements. the trial court denied appellant's motion to compel ..... decisions of state courts that effectively nullify a vital piece of federal legislation. i respectfully. dissent. [ footnote 2/1 ] american institute of architects document a201, general conditions of the contract for construction 7.1.1 (1976). see app. 40. [ footnote 2/2 ] the california court of appeal correctly assumed that the faa, were it applicable, would preempt ..... . as indicated, the faa itself contains no provision designed to deal with the special practical problems that arise in multiparty contractual disputes when some or all of the contracts at issue include agreements to arbitrate. california has taken the lead in fashioning a legislative response to this problem, by giving courts authority to consolidate or stay arbitration .....

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Jun 05 1989 (FN)

Hernandez Vs. Commissioner

Court : US Supreme Court

Decided on : Jun-05-1989

..... donor -- has similar overtones of exchange. according to some catholic theologians, the nature of the pact between a priest and a donor who pays a mass stipend is "a bilateral contract known as do ut facias. one person agrees to give while the other party agrees to do something in return." 13 new catholic encyclopedia, mass stipend, p. 715 (1967). a ..... ." "1. processing may never be given away by an org. processing is too expensive to deliver." " * * * *" "9. only fully contracted staff is awarded free service, and this is done by invoice and legal note which becomes due and payable if the contract is broken." 83 t.c. at 577-578, n. 5. [ footnote 10 ] petitioners have not argued here that their payments .....

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Nov 07 1989 (FN)

Northbrook Nat'l Ins. Co. Vs. Brewer

Court : US Supreme Court

Decided on : Nov-07-1989

..... it has been incorporated and of the state where it has its principal place of business: provided further, that in any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of the state of ..... hernandez v. travelers ins. co., 489 f.2d 721, cert. denied, 419 u.s. 844 (1974), the court of appeals held that a workers' compensation policy is a "policy or contract of liability insurance," and that an action against an insurer on such a policy is a "direct action" within the meaning of 28 u.s.c. 1332(c) (1982 ed ..... the direct action proviso of the diversity statute. app. to pet. for cert. a-11. that proviso states: "[i]n any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of the state of .....

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Jul 03 1989 (FN)

Powell Vs. Texas

Court : US Supreme Court

Decided on : Jul-03-1989

powell v. texas - 492 u.s. 680 (1989) u.s. supreme court powell v. texas, 492 u.s. 680 (1989) powell v. texas no. 88-6801 decided july 3, 1989 492 u.s. 680 on petition for writ of certiorari to the court of criminal appeals of texas syllabus under texas law, an individual may not be sentenced to death unless the state proves that there is a probability that he would commit future acts of violence that would constitute a continuing threat to society. following petitioner powell's arrest for capital murder, a state trial court ordered that a psychiatric examination be conducted to determine his competency to stand trial and sanity at the time of the offenses. neither he nor his counsel was notified that he would be examined on the issue of future dangerousness, and he was not informed of his right to remain silent. he was convicted. at his sentencing hearing, the doctors who had examined him testified on the issue of future dangerousness, and he was sentenced to death. the court of appeals declined to vacate the sentence, holding that, by introducing psychiatric testimony in support of an insanity defense, powell had waived his fifth and sixth amendment right to object to the state's use of the testimony, inter alia, to satisfy its burden of proving future dangerousness. held: the evidence of future dangerousness was taken in deprivation of powell's sixth amendment right to the assistance of counsel. under estelle v. smith, 451 u. s. 454 , and satterwhite v. texas, 486 u. s. .....

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Jun 26 1989 (FN)

H.J. Inc. Vs. Nw Bell Tel. Co.

Court : US Supreme Court

Decided on : Jun-26-1989

h.j. inc. v. nw bell tel. co. - 492 u.s. 229 (1989) u.s. supreme court h.j. inc. v. nw bell tel. co., 492 u.s. 229 (1989) h.j. inc. v. northwestern bell telephone co. no. 87-1252. argued november 8, 1988 decided june 26, 1989 492 u.s. 229 certiorari to the united states court of appeals for the eighth circuit syllabus the racketeer influenced and corrupt organizations act (rico), 18 u.s.c. 1961-1968, which is title ix of the organized crime control act of 1970 (occa), imposes criminal and civil liability upon persons who engage in certain "prohibited activities," each of which is defined to include, as a necessary element, proof of a "pattern of racketeering activity," 1962. "racketeering activity" means "any act or threat involving" specified state law crimes, any "act" indictable under specified federal statutes, and certain federal "offenses." 1961(1). a "pattern" requires "at least two acts of racketeering activity" within a 10-year period. 1961(5). petitioners, customers of respondent northwestern bell, filed a civil action in the district court against northwestern bell and other respondents, including members of the minnesota public utilities commission (mpuc) -- which is responsible for determining northwestern bell's rates -- seeking an injunction and treble damages. they raised four separate claims under 1962(a), (b), (c), and (d), based on factual allegations that, between 1980 and 1986, northwestern bell made various cash and in-kind payments to mpuc members, and .....

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Jun 23 1989 (FN)

Granfinanciera, S.A. Vs. Nordberg

Court : US Supreme Court

Decided on : Jun-23-1989

..... may designate as a "core proceeding," if the designation has an impact on constitutional rights. congress, for example, could not designate as "core bankruptcy proceedings" state law contract actions brought by debtors against third parties. otherwise, northern pipeline would be rendered a nullity. in this case, however, congress has not exceeded these limits. although causes of ..... ), "constitute no part of the proceedings in bankruptcy, but concern controversies arising out of it" -- are quintessentially suits at common law that more nearly resemble state law contract claims brought by a bankrupt corporation to augment the bankruptcy estate than they do creditors' hierarchically ordered claims to a pro rata share of the bankruptcy res. see gibson ..... debtor-creditor relations in bankruptcy "may well be a public right.'" [ footnote 11 ] but the plurality also emphasized that state law causes of action for breach of contract or warranty are paradigmatic private rights, even when asserted by an insolvent corporation in the midst of chapter 11 reorganization proceedings. the plurality further said that "matters from ..... , noted that the restructuring of debtor-creditor relations in bankruptcy may well be a "public right," it also emphasized that state law causes of action for breach of contract are paradigmatic private rights, even when asserted by an insolvent corporation in the midst of chapter 11 reorganization proceedings. trustees' fraudulent conveyance actions page 492 u. s. 35 .....

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Jun 23 1989 (FN)

Hoffman Vs. Conn. Dept. of Inc. Maint.

Court : US Supreme Court

Decided on : Jun-23-1989

..... be heard on any issue); 1121(c) (providing that a "creditor" may file a reorganization plan). [ footnote 3 ] see, e.g., 365 (permitting the trustee to assume or reject executory contracts and unexpired leases in certain circumstances); 505 (permitting the bankruptcy court to determine the debtor's tax liability in certain circumstances); 525 (protecting the debtor against government discrimination in licensing ..... ) -- against respondent connecticut department of income maintenance. petitioner sought to recover $64,010.24 in payments owed to willington for services it had rendered during march, 1983, under its medicaid contract with connecticut. willington closed in april, 1983. at that time, it owed respondent $121,408 for past medicaid overpayments that willington had received, but respondent filed no proof of claim .....

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Jun 23 1989 (FN)

Sable Communications Vs. Fcc

Court : US Supreme Court

Decided on : Jun-23-1989

sable communications v. fcc - 492 u.s. 115 (1989) u.s. supreme court sable communications v. fcc, 492 u.s. 115 (1989) sable communications of california v. federal communications commission no. 88-515 argued april 19, 1989 decided june 23, 1989 * 492 u.s. 115 appeal from the united states district court for the central district of california syllabus section 223(b) of the communications act of 1934, as amended, bans indecent as well as obscene interstate commercial telephone messages, commonly known as "dial-a-porn." under its predecessor provision -- which sought to restrict minors' access to dial-a-porn -- the federal communications commission (fcc), after lengthy court proceedings, had promulgated regulations laying out means by which dial-a-porn sponsors could screen out underaged callers. sable communications of california, which offers sexually oriented prerecorded telephone messages to callers both in and outside the los angeles metropolitan area, brought suit in the district court, claiming that 223(b)'s obscenity and indecency provisions were unconstitutional, chiefly under the first and fourteenth amendments, and seeking an injunction enjoining the fcc and the justice department from initiating any criminal investigation or prosecution, civil action, or administrative proceeding under the statute and a declaratory judgment. the court denied sable's request for a preliminary injunction against enforcement of the ban on obscene telephone messages, rejecting the .....

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Jun 22 1989 (FN)

Jett Vs. Dallas Indep. Sch. Dist.

Court : US Supreme Court

Decided on : Jun-22-1989

..... in damages against respondent under 1981. jett belongs to the special class of persons (those who have been discriminated against in the making of contracts) for whom the statute was created; all of the indicators of legislative intent point in the direction of an implied cause of action; such ..... means to carry into effect the duties of the national government." to hold a local government body liable for the discriminatory cancellation of a contract entered into by that local body itself, however, is a very different matter. even assuming that the 39th congress had the same constitutional concerns ..... therefore is significant: "all persons within the jurisdiction of the united states shall have the same right in every state and territory to make and enforce contracts . . . as is enjoyed by white citizens." 42 u.s.c. 1981. certainly nothing in this wording refutes the argument that vicarious liability ..... involuntary servitude, except as a punishment for a crime whereof the party shall have been duly convicted, shall have the same right to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, and to the ..... that at no stage in the proceedings has the school district raised the contention that the substantive scope of the "right . . . to make . . . contracts" protected by 1981 does not reach the injury suffered by petitioner here. see patterson v. mclean credit union, ante at 491 u. s. 176 -177. instead .....

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