Insurance Policy Contract Interpretation

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In re Katrina Canal Breaches Litigation; an insurance policy is a contract between the parties and should be construed using the general rules of contract interpretation; ejusdem generis, expressio unius est exclusio alterius, noscitur a sociis.

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Breach of Warranty

Mydlach v. DaimlerChrysler Corp.; Magnuson-Moss Warranty Act; breach of warranty claim; statute of limitations; repair claims do not accrue upon delivery of the product.

Statutes of Repose

Peters v. Riggs Natl. Bank, N.A.; Equitable tolling does not apply to statutes of repose; statute of limitation; the time limit can be shortened by contract or mutual agreement.

Expectation Damages

Dynalectric Co., Inc. v. Clark & Sullivan Constructors, Inc.; promissory estoppel; general contractor; subcontractor; reliance damages; restitution damages.

Binding Agreement

Grosvenor v. Qwest Corp.; multiple notices to internet user of specific contractual terms of use may cause binding agreement.

Contract Amendment

Beneficial National Bank, U.S.A. v. Obie Payton; when the parties' original agreement specifically permits amendments, new terms may be added rather than just changes existing terms.

Contract Acceptance Online

Cairo, Inc. v. Crossmedia Services, Inc.; when a benefit is offered subject to stated conditions, and the offeree takes the benefit with knowledge of the terms of the offer, the taking constitutes acceptance of the terms.

Federal Arbitration Act

Hall Street Associates, L.L.C. v. Mattel, Inc.; The FAA provides the exclusive grounds for expedited vacatur and modification of arbitration awards. These grounds are extreme such ascorruption, fraud, partiality, misconduct, etc.

Double Indemnification

Peter Kossian v. American National Insurance Co.; Under the equitable doctrine of unjust enrichment, one party should not be indemnified twice for the same loss.

Supplementary Terms

C. Itoh & Co. (America) Inc. v. Jordan Int'l Co.; The terms of a contract are the writings of the parties, along with supplementary terms incorporated by operation of law; gap-filler provisions of Article Two of the U.C.C.; additional terms.

Requirement Contracts Consideration

Structural Polymer Group, Ltd. v. Zoltek Corp.; the implied obligation of good faith in requirements contracts is enough to avoid finding a contract null and void due to an illusory promise.

Guardianship

Kenai Chrysler Center, Inc. v. Denison; Guardianship proceedings are treated as providing public notice of the ward's incapacity, even though the other party to a particular transaction may have no knowledge or reason to know of the guardianship.

Moral Obligation from Material Benefit

Webb v. McGowin; the law recognizes a distinction between a promisor's moral obligation that results from a feeling of ethical obligation and one that results from conferring a material benefit to the promisor.

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Insurance Policy Contract Interpretation

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