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Results: 1-10 of 197

Florida Supreme Court considering question of rental car company vicarious liability

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • March 9 2010

On March 1, 2010, the Florida Supreme Court heard oral argument in Rafael Vargas v. Enterprise Leasing Company, et al., SC08-2269

Brazilian court awards US$1.2 million award to family of Air France Brazil crash victim - insurer intends to appeal

  • Edwards Wildman Palmer LLP
  • -
  • Brazil
  • -
  • March 23 2010

A Brazilian court recently awarded US$1.2 million to the family of a passenger on the Air France plane that crashed into the Atlantic Ocean off Brazil last year

Court can deprive a successful defendant of costs following lies at trial

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • December 21 2009

The Court of Appeal has ruled that it can be within a court's discretion to reduce a successful defendant's costs award by two thirds because of lies told during the trial

English High Court refuses to stay English proceedings in favour of the Florida courts

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • July 30 2010

In the matter of Royal & Sun Alliance Insurance Plc and others v Rolls-Royce Plc 2010 EWHC 1869 (Comm), which arose from parallel proceedings being pursued in England and Florida, the Court made clear that English proceedings will not be stayed in such instances unless it is shown that the foreign court is clearly the most appropriate forum

Scottish Court rejects insurers' challenge over compensation for pleural plaques

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • January 13 2010

The Scottish Court has upheld legislation that maintains the right to compensation for pleural plaques sufferers in Scotland

Oklahoma federal court holds claim for misrepresentations in home sale not covered by homeowners’ liability policy

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

The United States District Court for Oklahoma recently ruled that homeowners’ liability policies (primary and excess) did not cover a homebuyer’s lawsuit against the insured sellers for misrepresenting the condition of the home’s fireplaces

Court of Appeal seeks guidance from Europe on an insurer's right of recovery under the Road Traffic Act 1988

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • May 26 2010

The Court of Appeal has asked for guidance from the Court of Justice of the European Union on the compatibility with Community law of a provision in the Road Traffic Act 1988 (the RTA) governing an insurer's right of recovery

High Court confirms operation of the anti-deprivation principle

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • May 28 2010

In Justin Mayhew v (1) Philip King (2) Milbank Trucks Ltd (Defendants) & Chaucer Insurance plc (Third Party and Part 20 Claimant) v Towergate Stafford Knight Company Limited & Ors Sir Edward Evans-Lombe held that a term of a settlement agreement which stated that a right to an indemnity would cease if the party with the benefit of the indemnity went into administration was contrary to the anti-deprivation principle and would be struck out

Court considers the recoverability of after the event insurance premium

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • May 25 2010

In the case of Kris Motor Spares Limited v Fox Williams LLP 2010 EWHC 1008 the High Court was asked to consider whether the successful party's after the event insurance premium was reasonable and as such could be recovered from the other side

Katrina: claims to continue against defendants who allegedly caused the emission of greenhouse gases that added to the ferocity of Hurricane Katrina

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • April 13 2010

On October 16, 2009, in a lawsuit brought by owners of property along the Mississippi Gulf coast that sustained damage from Hurricane Katrina, the U.S. Court of Appeals for the Fifth Circuit held that the plaintiffs have standing to assert public and private nuisance, trespass and negligence claims against the defendants who caused the emission of greenhouse gases which are alleged to have ultimately added to the ferocity of Hurricane Katrina

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