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Results: 1-10 of 197

Federal district court finds that arbitrator lacks the authority to issue pre-hearing deposition subpoena to non-party under the Federal Arbitration Act

  • Locke Lord LLP
  • -
  • USA
  • -
  • August 31 2010

Helene Tomasian, a non-party to an arbitration between Ware and C.D. Peacock, Inc., moved to quash an arbitrator’s subpoena compelling her attendance at a pre-hearing deposition

Connecticut District Court: insurer's default judgment does not necessarily preclude litigation in subrogation action

  • Locke Lord LLP
  • -
  • USA
  • -
  • July 12 2010

A Connecticut District Court recently held that plaintiffs, who brought a subrogation action to recover a judgment entered in their favor in an underlying legal malpractice action against their attorneys, were entitled to litigate coverage issues even though the attorneys' insurer obtained a default judgment against the attorneys in a separate coverage action

West Virginia Human Rights Act prohibits discrimination by insurer in the settlement of property claim

  • Locke Lord LLP
  • -
  • USA
  • -
  • July 12 2010

In a recent decision, the Supreme Court of Appeals of West Virginia concluded that the West Virginia Human Rights Act prohibits discrimination by an insurer in the settlement of a property claim

High Court considers whether advance payment guarantees issued by insurance company were performance bonds or contracts of suretyship

  • Locke Lord LLP
  • -
  • United Kingdom
  • -
  • January 19 2011

In Meritz Fire & Insurance Co Ltd v (1) Jan De Nul NV (2) Codralux SA 2010 EWHC 3362 (Comm), the High Court ruled that advance payment guarantees (APGs) issued by the claimant insurance company to the defendants, guaranteeing the repayment of payments made by the defendants under three shipbuilding contracts (the Contracts), were performance bonds or demand guarantees on which the claimant was liable without regard to the Contracts

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

  • Locke Lord 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

Court of Appeal rules on VAT exemption for insurance intermediaries

  • Locke Lord LLP
  • -
  • United Kingdom
  • -
  • May 28 2010

The Court of Appeal handed down its judgment in Commissioners for Her Majesty's Revenue and Customs v Insurancewide

High Court confirms operation of the anti-deprivation principle

  • Locke Lord 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

  • Locke Lord 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

Subrogation and conditional fee agreements

  • Locke Lord LLP
  • -
  • United Kingdom
  • -
  • June 3 2010

In Sousa v London Borough of Waltham Forest (CC (Leeds) (John Behrens) 1212010) the court found that an insurer, having brought a subrogated claim, was entitled to recover from the defendant a success fee paid under a Conditional Fee Agreement (CFA) as part of the insurer's costs of the subrogated claim, in which the insurer had been successful

Lloyd’s syndicates file declaratory judgment action against BP

  • Locke Lord 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