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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 2007 Page 1 of about 48 results (0.070 seconds)

Mar 20 2007 (FN)

Travelers Casualty and Surety Co. of America Vs. Pacific Gas and Elec. ...

Court : US Supreme Court

Decided on : Mar-20-2007

..... claim, and with the knowledge and approval of the bankruptcy court, pg&e; agreed to insert language into its reorganization plan and disclosure statement to protect travelers right to indemnity and subrogation in the event of a default by pg&e.; travelers claims, however, that pg&e; then unilaterally altered the negotiated language in a way that substantially diminished ..... the debtor sought attorney s fees after the creditor unsuccessfully requested relief from the automatic stay under 11 u. s. c. 362(d)(1). the debtor acknowledged that the contract between the parties entitled only the creditor to attorney s fees, but the debtor claimed that a california statute extended that entitlement to both parties. the court rejected that ..... property. security mortgage co. v. powers , 278 u. s. 149 , 154 (1928). similarly, under the terms of the current bankruptcy code, it remains true that an otherwise enforceable contract allocating attorney s fees ( i.e. , one that is enforceable under substantive, nonbankruptcy law) is allowable in bankruptcy except where the bankruptcy code provides otherwise. see 4 collier on bankruptcy ..... alito delivered the opinion of the court. we are asked to consider whether federal bankruptcy law precludes an unsecured creditor from recovering attorney s fees authorized by a prepetition contract and incurred in postpetition litigation. the court of appeals for the ninth circuit held, based on a rule previously adopted by that court, that such fees are categorically .....

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Apr 02 2007 (SC)

The Oriental Insurance Company Limited Vs. Meena Variyal and ors.

Court : Supreme Court of India

Decided on : Apr-02-2007

Reported in : 2007ACJ1284; AIR2007SC1609; 2007(3)ALD99(SC); 2007(3)AWC2116(SC); [2007]137CompCas116(SC); (2007)3GLR2356(SC); JT2007(5)SC65; (2007)2MLJ1330(SC); 2007(3)MPHT1(SC); 2007(5)S

..... with a claim for compensation under the act should ignore all basic principles of law in determining the claim for compensation. ordinarily, a contract of insurance is a contract of indemnity. when a car belonging to an owner is insured with the insurance company and it is being driven by a driver employed by the ..... the owner of the vehicle or as an employee, he is not covered by the insurance policy taken in terms of the act -- without any special contract -- since there is no award under the workmen's compensation act that is required to be satisfied by the insurer. in these circumstances, we hold that ..... which are involved are very finely drawn.19. in new india assurance co. ltd. v. rula and ors. : [2000]2scr148 , this court postulated that the contract of insurance in respect of motor vehicles has to be construed in the light of sections 146(1), 147(5) and 149(1) of the motor-vehicles act, ..... of the finding that the deceased was himself driving the vehicle belonging to his employer, the insurance company had no liability. there was no special contract and since it was only a policy in terms of the motor vehicles act, the insurance company cannot be asked to pay the amount awarded which ..... provided with a car by the employer. the vehicle was insured with the appellant company in terms of the motor vehicles act, 1988. there was no special contract. on 14.6.1999, the vehicle met with an accident. suresh chandra variyal, died. the widow and daughter of suresh chandra variyal, filed a claim .....

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Mar 15 2007 (SC)

Siddhivinayak Realities Pvt. Ltd. Vs. Tulip Hospitality Services Ltd. ...

Court : Supreme Court of India

Decided on : Mar-15-2007

Reported in : AIR2007SC1457; 2007(1)ARBLR503(SC); 2007(6)BomCR771; (2008)1CompLJ244(SC); JT2007(8)SC266; (2007)4MLJ772(SC); 2007(4)SCALE494; 2007(1)LC441(SC)

..... agreed to between the parties and the joint escrow agents were entrusted with certain specific functions under the agreement. the agreement between the parties and in particular the undertaking-cum-indemnity bond in favour of the joint escrow agents executed by the parties on 31st march, 2005 indicate that the decision as to whether any default had been committed by either ..... the question entrusted to the escrow agents jointly.32. an escrow arrangement is normally arrived at in order to safeguard the interest of the parties for the purpose of a contract and the escrow agents are normally persons who are trusted by the parties to act fairly and without bias notwithstanding their relationship with the respective parties. mr. singhvi does ..... respondents also indicated that they were unwilling to give consent to mr. bhatt's reinstatement as escrow agent along with mr. suresh talwar. the respondents also insisted that as the contract had been frustrated and/or rendered impossible to implement due to change in circumstances, the issues could not be resolved by the escrow agents. the respondents once again requested the ..... property. it was further stated that the action taken by nirmal lifestyle made it impossible for the respondent no.1 to proceed with its obligations under mapa and that the contract stood frustrated in view of such injunction. the respondents stated that they stood discharged from fulfilling their obligations under mapa and that the amounts received by the respondents from .....

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Mar 02 2007 (SC)

National Insurance Co. Ltd. Vs. Laxmi NaraIn Dhut

Court : Supreme Court of India

Decided on : Mar-02-2007

Reported in : II(2007)ACC28; 2007ACJ721; AIR2007SC1414; 2007(3)ALD112(SC); 2007(3)ALLMR(SC)834; 2007(2)BLJR1387; [2007]136CompCas678(SC); (2007)3GLR2565; [2008(1)JCR56(SC)]; 2007(4)MhLj3; 2007AIRSCW2279; 2007(3)SCC700; (2007)2SCC(Cri)142; 2007ACJII721; JT2007(4)SC69; 2007(3)KCCR1761; 2007(3)AIRKarR389

..... i am now deciding. the result of that is that i must come to the conclusion - however unfortunate - that in fact the benefit of the indemnity vested in the trustee, notwithstanding that the claim of caddy was not provable in the first bankruptcy.8. the third party rights against insurer's act, ..... the liability to whom is the event upon which the right of a bankrupt or of an insolvent company to payment of the sum covered by the contract arises, to be content with such share of the assets of the bankrupt or the company in liquidation as a pari passu distribution between creditors will ..... is a sum which the debtors, the company, have secured should be paid to them in certain events, but which has been secured by their own contract made with the insurance company, and not by any intervention of the creditor, mr. chaplin, although it was in consequence of an accident which he ..... proviso thereunder and sub-section (5) which are intended to cover specified contingencies mentioned therein to enable the insurer to recover the amount paid under the contract of insurance on behalf of the insured can be taken recourse to by the tribunal and be extended to claims and defences of the insurer against the ..... 69 and 70 the principles were culled out in the following terms:the insurance company is required to prove the breach of the condition of the contract of insurance by cogent evidence. in the event the insurance company fails to prove that there has been breach of conditions of the policy on the .....

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Jun 28 2007 (FN)

LeegIn Creative Leather Products, Inc. Vs. Psks, Inc.

Court : US Supreme Court

Decided on : Jun-28-2007

..... when the legal environment in the [united states] was most favorable for [resale price maintenance], no more than a tiny fraction of manufacturers ever employed [resale price maintenance] contracts. overstreet 6; see also id., at 169 (noting that no more than one percent of manufacturers, accounting for no more than ten percent of consumer goods purchases, ever ..... respondent s position are far reaching. many decisions a manufacturer makes and carries out through concerted action can lead to higher prices. a manufacturer might, for example, contract with different suppliers to obtain better inputs that improve product quality. or it might hire an advertising agency to promote awareness of its goods. yet no one would think ..... valuable services. see mathewson & winter, the law and economics of resale price maintenance, 13 rev. indus. org. 57, 74 75 (1998) (hereinafter mathewson & winter); klein & murphy, vertical restraints as contract enforcement mechanisms, 31 j. law & econ. 265, 295 (1988); see also deneckere, marvel, & peck, demand uncertainty, inventories, and resale price maintenance, 111 q. j. econ. 885, 911 (1996 ..... competition by encouraging retailer services that would not be provided even absent free riding. it may be difficult and inefficient for a manufacturer to make and enforce a contract with a retailer specifying the different services the retailer must perform. offering the retailer a guaranteed margin and threatening termination if it does not live up to expectations .....

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Jun 21 2007 (FN)

Tennessee Secondary School Athletic Assn. Vs. Brentwood Academy

Court : US Supreme Court

Decided on : Jun-21-2007

..... , the principal opinion, at a minimum, is open to the implication that the speech at issue is subject to state regulation whether or not the school has entered a voluntary contract with a state-sponsored association in order to promote a code of conduct affecting solicitation. to allow free-standing state regulation of speech by coaches and other representatives of nonmember ..... that getting involved as soon as possible would definitely be to your advantage. ibid. it was signed your coach. ibid. while the boys who received the letter had signed a contract signaling their intent to attend brentwood, none had enrolled within the meaning of tssaa rules. see id., at 182 (defining enrolled as having attended 3 days of school ). all of .....

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Jun 11 2007 (FN)

Watson Vs. Philip Morris Cos.

Court : US Supreme Court

Decided on : Jun-11-2007

..... nor federal agencies normally delegate legal authority to private entities without saying that they are doing so. without evidence of some such special relationship, philip morris analogy to government contracting breaks down. we are left with the ftc s detailed rules about advertising, specifications for testing, requirements about reporting results, and the like. this sounds to us ..... of any delegation of legal authority from the ftc to the industry association to undertake testing on the government agency s behalf. nor is there evidence of any contract, any payment, any employer/employee relationship, or any principal/agent arrangement. we have examined all of the documents to which philip morris and certain supporting amici refer ..... to perform. these circumstances distinguish winters from this case. for present purposes that distinction is sufficient. and we need not further examine here (a case where private contracting is not at issue) whether and when particular circumstances may enable private contractors to invoke the statute. second, philip morris argues that its activities at issue here did ..... is no evidence of any delegation of legal authority from the ftc to the tobacco industry to undertake testing on the government agency s behalf, or evidence of any contract, payment, employer/employee relationship, or principal/agent arrangement. the existence of detailed ftc rules indicates regulation, not delegation. the usual regulator/regulated relationship cannot be construed as .....

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Jun 11 2007 (FN)

Beck Vs. Pace Int’l Union

Court : US Supreme Court

Decided on : Jun-11-2007

..... the fact that pace actively sought and obtained a preliminary injunction freezing crown s $5 million reversion. the bankruptcy court having rejected pace s request to undo the annuity contract, pace has provided no reason for pursuing this litigation other than to obtain the $5 million that remained after crown satisfied its benefit commitments. moreover, as pace concedes, ..... them, and if crown continued to employ the plan participants it too would remain subject to erisa. finally, plan participants and beneficiaries would have their recourse not through state-contract law, but through the erisa system, just as they had prior to merger. second, in a standard termination erisa allows the employer to (under certain circumstances) recoup surplus ..... it to guarantee. the assets of the plan are wholly removed from the erisa system, and plan participants and beneficiaries must rely primarily (if not exclusively) on state-contract remedies if they do not receive proper payments or are otherwise denied access to their funds. further, from the standpoint of the participants and beneficiaries, the risk associated with ..... commitment ), and that 1341(b)(3)(a)(ii) allows for lump-sum distributions at present discounted value (including rollovers into individual retirement accounts). as pace concedes, purchase of annuity contracts and lump-sum payments are by far the most common distribution methods. brief for respondents 45; see also veal & mackiewicz 72 73 ( the basic alternatives are the purchase .....

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Jun 04 2007 (FN)

Safeco Ins. Co. of America Vs. Burr

Court : US Supreme Court

Decided on : Jun-04-2007

..... four subsidiaries: geico general, which sells preferred policies at low rates to low-risk customers; government employees, which also sells preferred policies, but only to government employees; geico indemnity, which sells standard policies to moderate-risk customers; and geico casualty, which sells nonstandard policies at higher rates to high-risk customers. potential customers call a toll-free ..... a loan to predict the likelihood of certain credit behaviors, including default. 15 u. s. c. 1681g(f)(2)(a) (2000 ed., supp. iv). under its contract with its credit information providers, geico learned credit scores and facts in the credit reports that significantly influenced the scores, but did not have access to the credit reports themselves ..... the 1996 amendment reveal no reason to confine attention to customers and businesses with prior dealings. quite the contrary.[ footnote 11 ] finally, there is nothing about insurance contracts to suggest that congress might have meant to differentiate applicants from existing customers when it set the notice requirement; the newly insured who gets charged more owing to an ..... histories of both fcra s original enactment and a 1996 amendment reveal no reason to confine attention to customers and businesses with prior dealings. finally, nothing about insurance contracts suggests that congress meant to differentiate applicants from existing customers when it set the notice requirement; the newly insured who gets charged more owing to an erroneous report .....

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May 29 2007 (FN)

Ledbetter Vs. Goodyear Tire and Rubber Co.

Court : US Supreme Court

Decided on : May-29-2007

..... of the 1991 civil rights act directly addressed only seniority systems. see ante , at 8, and n. 2. but congress made clear (1) its view that this court had unduly contracted the scope of protection afforded by title vii and other civil rights statutes, and (2) its aim to generalize the ruling in bazemore . as the senate report accompanying the proposed ..... her seniority credit for her prior service. see evans , 431 u. s., at 554 557. similarly, when delaware state college denied ricks tenure, he did not object until his terminal contract came to an end, one year later. ricks , 449 u. s., at 253 254, 257 258. no repetitive, cumulative discriminatory employment practice was at issue in either case. see evans ..... not take the discriminatory intent that the college allegedly possessed when it denied ricks tenure and attach that intent to its subsequent act of terminating his employment when his nonrenewable contract ran out. on the contrary, we held that the only alleged discrimination occurred and the filing limitations periods therefore commenced at the time the tenure decision was made and communicated ..... a college librarian, ricks, who alleged that he had been discharged because of race. in march 1974, ricks was denied tenure, but he was given a final, nonrenewable one-year contract that expired on june 30, 1975. id. , at 252 253. ricks delayed filing a charge with the eeoc until april 1975, id. , at 254, but he argued that the eeoc .....

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