Commercial Insurance Company of Newark, New Jersey v. Pacific-Peru Construction Corp. And the Hawaii Corporation, the Hawaii Corporation, Third-Party v. American International Underwriters Corporation, Third-Party’s Empirical Analysis
558 F.2d 948 · 1977
Citation profile
38 federal appellate · 12 district · 13 state decisions
How this case has been cited
Cited by 97 later decisions — most recently January 2022 · most notably Associated Indemnity Corp. v. CAT Contracting, Inc. (1998), In re Air Crash Disaster Near Chicago, Illinois on May 25, 1979 (1981)
38 federal appellate · 12 district · 13 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Klaxon Co. v. Stentor Electric Manufacturing Co. · Hilton v. Guyot · Markley v. Beagle · Bartsch v. Metro-Goldwyn-Mayer, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 97 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[R]esort to implied indemnity principles is improper when an express indemnification contract exists.”
7 later decisions quote this exact passage · from the majority“[W]here either no information, or else insufficient information, has been obtained about the foreign law, the forum will usually decide the case in accordance with its own law except when to do so would not meet the needs of the case, or would not be in the interest of justice. The forum will usually apply its own law for the reason that in this way it can best do justice to the parties.... When both parties have failed to prove foreign law, the forum may say that the parties have acquiesced in the application of the local law of the forum.”
4 later decisions quote this exact passage · from the majority“[Ejquity generally implies a right to indemnification in favor of a surety when the surety pays off a debt for which the principal is liable____ there can be no question that a surety is entitled to stand upon the letter of his contract and his undertaking is to be construed strictly in his favor and is not to be extended by implication or inference beyond the scope of its terms.”
3 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.