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Gulf Insurance Co. v. Glasbrenner

417 F.3d 353 (2005)

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Gulf Insurance Co. v. Glasbrenner

United States Court of Appeals for the Second Circuit
417 F.3d 353 (2005)

  • Written by Heather Whittemore, JD

Facts

Susan Glasbrenner (defendant) was injured in a Caldor store in New Jersey. Caldor had an insurance policy through Gulf Insurance Co. (Gulf) (plaintiff) that was entered into in New York. Glasbrenner sued Caldor in New Jersey state court. A jury returned a verdict in favor of Glasbrenner and, due to Caldor’s filing for bankruptcy, required Gulf to pay the damages awarded to Caldor. Gulf filed a lawsuit in the United States District Court for the Southern District of New York, arguing that under the terms of its insurance policy with Caldor, it was not required to pay for Glasbrenner’s damages. Glasbrenner moved to dismiss the case for improper venue. Glasbrenner argued that the proper venue was in New Jersey because her injury occurred in New Jersey. The district court dismissed the case, holding that venue in New York was improper. Gulf appealed.

Rule of Law

Issue

Holding and Reasoning (Meskill, J.)

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