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Contra Proferentem principle applies to ambiguous questions in proposal form

Edwards Wildman Palmer LLP
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United Kingdom
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October 13 2009

The High Court's decision in R&R Development Ltd v AXA Insurance UK Plc 2009 EWHC 2424 (Ch) concerned the issue of whether ambiguous questions in a proposal form for a contract of insurance could be construed by following the Contra Proferentem principle without the need for the court to decide upon the correct interpretation of the questions

Ernst & Young settle the Akai Holdings case

Edwards Wildman Palmer LLP
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Hong Kong
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October 16 2009

Ernst & Young ("E&Y") has settled the Akai Holdings ("Akai") case with Akai’s liquidator, Borrelli Walsh

Court of Appeal decision demonstrates the wide applicability of the "Fairchild" exception for mesothelioma claims

Edwards Wildman Palmer LLP
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United Kingdom
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November 10 2009

In Sienkiewicz v Greif (UK) Ltd, the Court of Appeal considered the combined effect of the House of Lords' decisions in Fairchild v Glenhaven Funeral Services and Barker v Corus and section 3 of the Compensation Act 2006 on liability for mesothelioma claims

House passes surplus lines and reinsurance reform bill

Edwards Wildman Palmer LLP
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USA
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September 10 2009

On September 9, 2009, the U.S. House of Representatives passed the Non-admitted and Reinsurance Reform Act of 2009, H.R. 2571 (the “NRRA”), marking the third time the House has passed a version of the NRRA

AIRROC launches expedited binding arbitration procedure for small claims

Edwards Wildman Palmer LLP
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USA
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October 9 2009

The Association of Insurance and Reinsurance Run-Off Companies ("AIRROC") has announced the formal launch of the Dispute Resolution Procedure ("DRP"), an expedited binding arbitration procedure especially designed for small and less-complicated claims

Restatement of European insurance contract law

Edwards Wildman Palmer LLP
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European Union
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September 14 2009

On 11 September 2009 EAPD partner Helen Clark attended a conference hosted by the British Insurance Law Association (BILA) at which members of the Restatement of European Insurance Law Project Group presented the public launch of the Principles of European Insurance Contract Law (PEICL

N.Y. Insurance Department issues opinion prohibiting contingent annuity contracts

Edwards Wildman Palmer LLP
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USA
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July 29 2009

Last month, the New York Insurance Department’s Office of General Counsel issued Opinion No. 09-06-11 (the “Opinion”) which prohibits contingent annuity contracts on the grounds that such contracts constitute an impermissible form of financial guaranty insurance

Delaware Supreme Court: under certain circumstances, a D&O insurer may reasonably withhold its consent to settle

Edwards Wildman Palmer LLP
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USA
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September 17 2009

In an August 10, 2009 decision, the Delaware Supreme Court held that under certain circumstances, a D&O insurer may reasonably withhold its consent to settle a claim

California Supreme Court: assault committed in self-defense is not an “accident"

Edwards Wildman Palmer LLP
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USA
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October 29 2009

The California Supreme Court recently held that an assault and battery allegedly committed in self-defense was not an "accident" and therefore did not meet a CGL policy’s definition of a covered "occurrence."

Washington District Court awards attorney’s fees incurred by insured’s subrogee in establishing coverage

Edwards Wildman Palmer LLP
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USA
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November 2 2009

A Washington District Court recently awarded an insured’s subrogee all attorney’s fees incurred at all levels of coverage litigation in establishing entitlement to coverage

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Search results

Contra Proferentem principle applies to ambiguous questions in proposal form

Ernst & Young settle the Akai Holdings case

Court of Appeal decision demonstrates the wide applicability of the "Fairchild" exception for mesothelioma claims

House passes surplus lines and reinsurance reform bill

AIRROC launches expedited binding arbitration procedure for small claims

Restatement of European insurance contract law

N.Y. Insurance Department issues opinion prohibiting contingent annuity contracts

Delaware Supreme Court: under certain circumstances, a D&O insurer may reasonably withhold its consent to settle

California Supreme Court: assault committed in self-defense is not an “accident"

Washington District Court awards attorney’s fees incurred by insured’s subrogee in establishing coverage

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