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Results: 1-10 of 228

Court denies Wells Fargo’s motion to dismiss on statute of limitations grounds

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 10 2010

The United States District Court for the Northern District of California recently granted in part and denied in part motions to dismiss a class action brought by a class of purchasers of mortgage pass-through certificates

Second Circuit: distinguishing between policy definitions subject to NY Insurance Law 3420(d)(2)’s timely disclaimer requirement as an exclusion and those that are not

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 16 2010

In a decision issued on February 1, 2010, the United Stated Court of Appeals for the Second Circuit confirmed that under New York law some policy provisions, although placed outside of the policy's "Exclusions" section, may nonetheless be considered an exclusion and, therefore, subject to the timely disclaimer and denial requirement of NY Insurance Law 3420(d)(2

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In an unpublished opinion, the Eleventh Circuit recently affirmed the trial court's decision that a D&O policy does not provide coverage for third-party property damage claims

Mississippi new data breach notification law

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

Mississippi is the latest state to adopt a data breach notification statute under House Bill 583

New York contemplates disclosure for excess annuity withdrawals

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 30 2010

The New York Insurance Department ("NYID") prepared a draft circular letter ("Draft Circular Letter" or "Letter") in early June, which, if finalized and issued, will require insurers to advise consumers of the implications of excess withdrawals from annuities with guaranteed minimum withdrawal benefits ("GMWB"

Texas moves closer to banning use of discretionary clauses in insurance contracts

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

The Texas Department of Insurance (“TDI”) has officially proposed regulations banning the use of discretionary clauses in insurance contracts

Pennsylvania federal court dismisses bad faith claim as subsumed by breach of contract claim, but allows statutory bad faith claim

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 17 2010

Recently, a Pennsylvania federal court dismissed a bad faith claim against an insurer on the grounds that the claim was subsumed by the plaintiff's breach of contract claim in the same proceeding

Rhode Island proposes new service of process regulation

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • February 23 2010

The Rhode Island Division of Insurance (the "Division") has scheduled a public hearing for March 2, 2010 to discuss the adoption of Proposed Regulation 114

New York state court finds that follow the settlements doctrine does not apply

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 21 2010

In American Home Assurance Co. v. American Re-Insurance Co., No. 60248506 (N.Y. Sup. Ct. May 27, 2010), the plaintiffs, several ceding companies, brought a declaratory judgment action against certain reinsurers (collectively, the “Reinsurers”) seeking reimbursement for portions of a settlement plaintiffs made with their insured, Monsanto Corporation

Rhode Island 2011 budget - tax implications for surplus lines insurers and medical malpractice joint underwriters association

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 16 2010

The 2011 Rhode Island state budget, which was enacted as HB 7397A and signed into law June 2, 2010, amends the taxation statutes applicable to surplus lines insurers and the Medical Malpractice Joint Underwriters Association