Confirm favorite deletion?
Contracts Keyed to Blum
SR International Business Insurance Co., Ltd. v. World Trade Center Properties, LLC
Citation:467 F.3d 107 (2006)
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The larger issue before the court was whether the terrorist attacks of September 11, 2001, when 2 planes crashed into the twin towers of the World Trade Center, constituted one or two “occurrences” under various insurance policies, as that would determine how much money would be paid out. This was complicated because at the time of the attack, the parties were still in negotiations and thus there was not a final contract. Instead, they had a temporary binder, which provided insurance coverage in the interim.
This specific portion of the case focuses on an evidence issue. The district court allowed several witnesses to testify as to which form they thought they had agreed to as a temporary binder during the parties’ negotiations. The Silverstein parties argue that such testimony is impermissible as evidence of subjective intent.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.