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Connecticut jury awards $14.7 million against insurer for violation of Unfair Trade Practices Act in auto body shop class action lawsuit

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • February 8 2010

In a class action lawsuit brought by various auto body shops and the Auto Body Association of Connecticut, a Connecticut jury recently rendered a $14.7 million verdict against an insurance company for allegedly violating the Connecticut Unfair Trade Practices Act

Fifth Circuit affirms denial of request for discovery for use in a private international arbitration proceeding pursuant to 28 U.S.C. 1782

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 2 2009

In a decision filed August 6, 2009, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s denial of a request under 28 U.S.C. 1782 for discovery for use in a private international arbitration proceeding

New York Insurance Department to hold hearing on August 20, 2010 on whether to expand the Export List under Regulation 41

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

A public hearing on August 20, 2010 will explore the possibility of increasing insurance capacity in New York by easing access to unauthorized insurers

Massachusetts highest state court: pro-rata “time-on-the-risk” allocation method applies to ongoing environmental pollution occurring over multiple policy periods

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 4 2009

The Massachusetts Supreme Judicial Court recently held that where an insured "incurs covered costs as a result of ongoing environmental contamination occurring over more than one year and the insurer provided coverage for less than the full period of years in which contamination occurred," the loss should be pro rated among all the insurers on the risk during the relevant period

Court finds that arbitration award is not final for purposes of review under the FAA

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 15 2009

Petitioners Mitsubishi Heavy Industries, Ltd. and Mitsubishi Power Systems Americas, Inc. (“Mitsubishi”) moved to vacate a partial arbitration award entered by the International Centre for Dispute Resolution in favor of Respondent Stone & Webster, Inc. (“Stone & Webster”

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

Court finds that New York law governs reinsurance agreement, denies insured’s statutory claim for punitive damages and penalties against reinsurer

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • October 6 2009

Plaintiff Callon Petroleum Company ("Callon") commenced an action against National Indemnity Company ("NICO") to recover for a judgment Callon obtained against NICO’s cedent, Frontier Insurance Company ("Frontier"

California federal court rules that “insured v. insured” exclusion does not preclude insurer’s payments of defense costs in claim brought jointly by insureds and non-insureds

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 1 2009

The United States District Court for the Northern District of California, applying California law, has held that an “insured v. insured” clause exclusion in a D&O policy for claims asserted by an insured against an insured did not preclude the insurer from paying for the entire defense costs incurred by insured and non-insured claimants

Colorado district court denies insurer’s motion for summary judgment and finds issues of fact as to reasonableness of insurer’s denied claim for uninsured motor vehicle coverage

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 1 2009

In Eppich v. State Farm Mutual Automobile Insurance Company, No. 08-CV-01697-PAB-MEH (Sept. 30, 2009), the United States District Court for the District of Colorado held that an insurer failed to meet its burden on summary judgment of establishing that an accident caused by a motorcycle that was not "street legal" at the time it struck and injured a woman riding her bicycle on a trail fell within an uninsured motorist coverage’s exclusion for "land motor vehicles . . . designed for use mainly off public roads."

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