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Results: 1-10 of 228

Circular letter regarding contract certainty issued for comment by the New York Insurance Department

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • January 14 2010

The New York Insurance Department (the “Department”) recently issued a draft Supplement No. 1 to Circular Letter No. 20 (2008) (“CL No. 20”) regarding insurance contract certainty for propertycasualty insurance policies and reinsurance contracts

New York State Court denies motion to compel discovery of reinsurance and reserve information

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 29 2010

In Mt. McKinley Ins. Co. v. Corning Inc., 2010 NY Slip Op 20235 (N.Y. Sup. Ct. June 14, 2010), an insured (“Corning”) moved to compel discovery of reinsurance and reserve information from its insurers, arguing that this information was relevant, material and necessary to its coverage claim

Lloyd’s syndicates file declaratory judgment action against BP

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 1 2010

On April 20, 2010, an explosion on the Deepwater Horizon rig in the Gulf of Mexico touched off a subsurface leak in a BP oil well at the ocean's floor

In private letter ruling, IRS says captive reinsurance of fronted pools is “insurance” for tax purposes

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • January 4 2010

The Internal Revenue Service (IRS) issued a private letter ruling on December 11, 2009, resolving a taxpayer’s question as to whether its business as a captive reinsurer is "insurance" for tax purposes

NY court: insured may recover consequential damages absent insurer bad faith

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 23 2009

On December 15, 2009, New York's Appellate Division for the First Department held that an insured need not allege or prove that its insurer acted in bad faith in order to recover consequential damages stemming from the insurer's breach of the policy

Federal court upholds an arbitration panel’s award requiring a cedent to pay its reinsurer’s attorneys’ fees

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • March 2 2010

National Union Fire Insurance Company of Pittsburgh, PA entered into a reinsurance treaty with Odyssey America Reinsurance Corporation, which contained an arbitration clause

New Hampshire restricts STOLI transactions

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 28 2010

New Hampshire Governor John Lynch (D) signed HB 660 into law which enacted life settlement legislation in New Hampshire effective June 14, 2010 (the "Act"

Third Circuit holds that professional services exclusion in general liability policy applies to all allegations arising out of architect’s work and insurers had no duty to defend

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • January 6 2010

The Court of Appeals for the Third Circuit, applying New Jersey law, recently held that all claims against an insured architectural firm arising out of the firm’s architectural work on a parking garage that later collapsed are not covered under its general liability policies due to professional services exclusions

Ninth Circuit affirms ruling that reinsurer has no duty to contribute to settlement payment where reinsured excess policy was not triggered

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 2 2010

Texas Farmers Insurance Company ("Texas Farmers") issued claims-made insurance policies (transformed into occurrence-based policies through endorsement) to Kaiser Permanente, a medical facility, for the policy periods of 4999-4900, 4900-4901, and 4901-4902

Eleventh Circuit upholds that D&O policy does not provide coverage for claims arising out of property damage under Florida law

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 22 2010

In an unpublished opinion, the Eleventh Circuit recently affirmed the trial court's decision that a D&O policy does not provide coverage for third-party property damage claims