PHELPS

v.

PENNSYLVANIA

Citator

Cited By

• Resolution Tr. Corp. v. Artley, 24 F.3d 1363 (11th Cir. 1994)
  …1271, 1276-78 (9th Cir.1990) (letters from FHLBB relating bank’s deficiencies and requesting immediate action by bank’s directors coupled with order prohibiting bank from transferring assets do not constitute formal notice of a claim), cert. denied, 498 U.S. 1088, 111 S.Ct. 966, 112 L.Ed.2d 1052 (1991). See FDIC v. Barham, 995 F. 2d 600, 603-05 (5th Cir.1993) (Comp-. trailer, of Currency settlement agreement in which bank promises to stop violating federal laws is inadequate notice of a claim). We thus rej…
• Fed. Deposit Ins. Corp. for the First Nat'l Bank in W. Concord v. ST. Paul Fire & Marine Ins. Co., 993 F.2d 155 (8th Cir. 1993)
  …fornia Union Insurance v. American Diversified Savings Bank, 914 F. 2d 1271, 1276 (9th Cir.1990) (communications from regulating agencies to a savings bank did not constitute “claims made” within the meaning of the insurance policies), cert. denied, 498 U.S. 1088, 111 S.Ct. 966, 112 L.Ed.2d 1052 (1991). We think that the rationale of these cases is controlling in the present ease. First, the bank’s renewal application did not indicate any occurrences under the terms of the D & 0 policy. In fact, the bank an…
• Fed. Deposit Ins. Corp. v. Barham, 995 F.2d 600 (5th Cir. 1993)
  …at “[t]he term claim should not be interpreted so broadly as to include a regulatory agency’s request of the insured to comply with regulations where, as here, the [*605] agency did not directly threaten [the insured] with liability”), cert. denied, 498 U.S. 1088, 111 S.Ct. 966, 112 L.Ed.2d 1052 (1991); MGIC Indem. Carp. v. Home State Sav. Ass’n, 797 F. 2d 285, 286-88 (6th Cir.1986) (construing similar policy language to hold that “the only kind of ‘claim or claims’ that could trigger the insurer’s obligatio…