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Results: 1-10 of 197

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

  • Locke Lord 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

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

  • Locke Lord 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

Court examines duty to defend funeral homes accused of participation in organ harvesting

  • Locke Lord LLP
  • -
  • USA
  • -
  • December 23 2009

A federal judge in Pennsylvania recently examined whether an insurer must defend a crematorium and funeral home against several lawsuits alleging that they participated in an organ harvesting scheme

Trustees' duties in employee life assurance schemes

  • Locke Lord LLP
  • -
  • United Kingdom
  • -
  • January 7 2010

In Ms Jacqueline Power v (1) The Trustees of the Open Text (UK) Limited Group Life Assurance Scheme (2) Open Text (UK) Limited 2009 EWHC 3064 (Ch), the High Court considered whether either the trustee of an employee life assurance scheme or the employer that issued the scheme was under a duty to consider the level of cover provided under the scheme and whether the trustee was under a duty to consider whether the cover was appropriate

Construction of termination and release agreement; claims in fraud

  • Locke Lord LLP
  • -
  • United Kingdom
  • -
  • December 30 2009

1) Cavell USA (2) Kenneth Edward Randall v (1) Seaton Insurance (2) Stonewall Insurance 2009 EWCA Civ 1363 concerned the construction of a termination and release agreement, which provided for English law and jurisdiction and, under clause 13, for a full release by Randall from "all actions, causes of action, suits, claims and demands whatsoever, whether at law or equity…save…(iii) in the case of fraud" on Randall's part

Chinese drywall judicial panel on multi-district litigation rules that insurance coverage matter should not be transferred to Chinese drywall MDL proceedings

  • Locke Lord LLP
  • -
  • USA
  • -
  • December 30 2009

On December 2, 2009 the Judicial Panel on Multi-District Litigation (“JPML”) rejected efforts to transfer an insurance coverage action to the federal Chinese Drywall Multi-District Litigation (“MDL”) pending in the Eastern District of Louisiana

A Connecticut Superior Court denies insurer's motion to strike counts alleging bad faith and violations of CUTPA

  • Locke Lord LLP
  • -
  • USA
  • -
  • January 7 2010

In Vincoli v. Hartford Underwriters Ins. Co., FST-CV-09-5009591-S (Conn.Super. Sept. 24, 2009), a Connecticut Superior Court recently denied an Insurer's motion to strike counts alleging bad faith and violations of CUTPA from a complaint

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

  • Locke Lord 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

Georgia Supreme Court holds insurer not entitled to safe harbor jury instruction where it conditioned tender of policy limits

  • Locke Lord LLP
  • -
  • USA
  • -
  • January 6 2010

The Georgia Supreme Court recently remanded a case alleging an insurer's bad-faith failure to settle based upon the fact that the trial court improperly instructed the jury that where a claimant's demand is conditioned upon the response of another insurance company, the insurer's offer of its policy limits fulfills its duty to its insured

Scottish Court rejects insurers' challenge over compensation for pleural plaques

  • Locke Lord LLP
  • -
  • United Kingdom
  • -
  • January 13 2010

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