The United States Court of Appeals for the Second Circuit, applying Virginia law, has held that an "insured versus insured" exclusion was ambiguous because extrinsic evidence was required to determine how the parties intended the exclusion to apply in the context of certain individuals who were directors of the insured before, but not after, the entity officially came into being through a merger.
Insured v. insured exclusion held ambiguous where fact-finding was necessary to determine correct application of exclusion
Popular related articles
-
Discipline based on emplyees' (mis)use of social media on the rise (Prince Lobel Glovsky & Tye LLP)
In a case that has garnered national attention, a medical technician at a Michigan hospital was fired in July 2010 for a posting on her Facebook page.
-
Leave of absence as reasonable accommodation (Jackson Lewis LLP)
When does the Americans with Disabilities Act (ADA) require employers to allow their employees to take large “blocks” of leave, i.e., consecutive weeks or months of unpaid time off, and modify their standard leave policies, as a reasonable accommodation to claims of illness or injury?
-
EEOC continues its attack on "inflexible" leave policies (Jackson Lewis LLP)
The EEOC's challenge to "inflexible" leave policies continued this week, as the agency announced that it had sued Princeton HealthCare System for failing to reasonably accommodate employees who needed medical leave.
-
Facebook continues to prompt responsible employees to act irresponsibly (Fox Rothschild LLP)
Hospitals and the Israeli military are the latest organizations grappling with employees posting sensitive, private information that they learn at work on their Facebook pages.
-
Getting ready for an M&A transaction if you're the buyer (Munsch Hardt Kopf & Harr PC)
I recently wrote an article about how to get ready for an M&A transaction if you're the seller.
-
Getting ready for an M&A transaction if you're the buyer (Munsch Hardt Kopf & Harr PC)
I recently wrote an article about how to get ready for an M&A transaction if you're the seller.
-
Entire fairness as a limit on control: Delaware further erodes the business judgment rule in transactions with controlling stockholders (Willkie Farr & Gallagher LLP)
Two recent cases out of Delaware stress that dealings with controlling stockholders continue to trigger a heightened level of review.
-
The impact of Dodd-Frank on managers of private funds (McGuireWoods LLP)
The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Act) has a wide-ranging scope, and contains provisions which will impact private equity, financial and other businesses in a number of ways.
-
Attorney-client privilege in M&A transactions (Benesch Friedlander Coplan & Aronoff LLP)
If you send an e-mail to your attorney and copy your investment banker, is the communication privileged?
-
Employment due diligence checklist for international M&A deals (part 2) (White & Case LLP)
Due diligence in international mergers and acquisitions too often overlooks many employment law issues lurking in overseas human resources operations.
-
Wall Street Reform Bill will have unique impact on small companies (Greenberg Traurig LLP)
On July 21, 2010, President Obama signed the final version of the Dodd-Frank Wall Street Reform and Consumer Protection Act into law.
-
FOS publishes latest news (Denton Wilde Sapte LLP)
The latest issue of Ombudsman News looks at trends emerging from complaints.
-
Pay attention: required notices under PPACA (Fox Rothschild LLP)
Health care reform compliance deadlines are closing in on us.
-
Second Circuit reverses in favor of AIG on fraud claims, finding AXA ignored “storm warnings” (Jorden Burt LLP)
The Second Circuit Court reversed a $34.3 million judgment rendered after a jury verdict against AIG on fraudulent inducement claims asserted by AXA arising from reinsurance facilities the parties entered into in or about 1998.
-
Putting to sleep some myths relating to volunteer coaches (Dinsmore & Shohl LLP)
We often receive questions related to insurance coverage for volunteer coaches1 through the Boards of Education policies with the Board of Risk and Insurance Management ("BRIM").
-
Non-disclosure agreements - avoiding a damages claim (Mills & Reeve LLP)
A recent Privy Council case serves as a reminder that businesses may be able to claim compensation for breach of a non-disclosure agreement even if they cannot show any demonstrable loss.
-
Discipline based on emplyees' (mis)use of social media on the rise (Prince Lobel Glovsky & Tye LLP)
In a case that has garnered national attention, a medical technician at a Michigan hospital was fired in July 2010 for a posting on her Facebook page.
-
The genie is back in the bottle: High Court decides that ‘terms’ means ‘terms’ (Freehills)
The High Court of Australia has unanimously dismissed the appeal by Public Trustee of Queensland against the Queensland Court of Appeal’s judgment in Re Octaviar Ltd (No 7) [2009] QCA 282 (the Court of Appeal Decision).
-
Leave of absence as reasonable accommodation (Jackson Lewis LLP)
When does the Americans with Disabilities Act (ADA) require employers to allow their employees to take large “blocks” of leave, i.e., consecutive weeks or months of unpaid time off, and modify their standard leave policies, as a reasonable accommodation to claims of illness or injury?
-
Perpetual licences are not forever (Mills & Reeve LLP)
The High Court holds that "perpetual" licences are, unlike diamonds, not necessarily forever.
-
No summary judgment on rescission due to questions of fact regarding existence and materiality of misrepresentations on application; no bad-faith claim for wrongful coverage denial (Wiley Rein LLP)
The United States District Court for the Eastern District of Michigan, applying Michigan law, declined to grant summary judgment as to whether the policy should be rescinded due to misrepresentations in the application.
-
FCC launches further inquiry on net neutrality (Wiley Rein LLP)
On September 1, 2010, the Federal Communications Commission (FCC) initiated a further inquiry in the agency's net neutrality proceeding.
-
Recent decisions highlight circuit splits on recoverability of nonpecuniary damages for Privacy Act violations (Wiley Rein LLP)
Individuals suing the government for violations of the Privacy Act (5 U.S.C. §552(a)) can recover at least $1,000 in statutory damages if they can prove, among other things, that they suffered "actual damages" as a result of the Privacy Act violations.
-
Court refuses to stay discovery against insureds in coverage action (Wiley Rein LLP)
The United States District Court for the Southern District of Texas, applying Texas law, refused to stay discovery issued by insurers in a coverage proceeding sought to establish whether the insureds had "in fact" engaged in money laundering.
-
Japan announces new sanctions against Iran (Wiley Rein LLP)
On September 3, 2010, the Government of Japan announced new sanctions against Iran to implement United Nations Security Council (UNSC) resolution 1929.
If you are interested in submitting an article to Lexology, please contact Andrew Teague at ateague@lexology.com.