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eBook details

• Title: United States v. Three Hundred Sixty Four Thousand Nine Hundred Sixty Dollars
• Author : Eleventh Circuit U.S. Court of Appeals
• Release Date : January 13, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 83 KB

Description

In this diversity case, appellee National Service Industries, Inc. ("National"), sued two of its insurers, appellant Hartford Accident & Indemnity Company ("Hartford") and Maryland Casualty Company ("Maryland"). National alleged that, in connection with Hartfords settlement of a products liability suit brought against National, Hartford improperly divided liability for the settlement between itself and Maryland, Nationals prior insurance company. Because of this improper division of liability, National contended that it was required to pay both the Hartford and the Maryland insurance policy deductibles, rather than just the Hartford policy deductible. At the conclusion of the evidence in the first trial of this case, National settled with Maryland and obtained a voluntary dismissal with prejudice of its claims against Maryland. As to Nationals claims against Hartford, the jury in the first trial returned a verdict in favor of Hartford. The district court granted Nationals motion for a new trial on the ground that the verdict was against the clear weight of the evidence. After a second trial, the jury found in favor of National, awarding it the value of the Maryland deductible and attorneys fees, but denying punitive damages.

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