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Results: 1-10 of 223

United States Solicitor General: the convention is not preempted by the McCarran-Ferguson Act

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 24 2010

As our readers know, we have been following the developments in Louisiana Safety Association of Timbermen Self Insured Fund v. Certain Underwriters at Lloyd’s, London, et al., No. 09 945, a case under consideration for certiorari by the U.S. Supreme Court that concerns whether Article II of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, as implemented by Chapter 2 of the Federal Arbitration Act (the “FAA”), is an “Act of Congress” subject to the anti preemption provision of the McCarran Ferguson Act, 15 U.S.C. 1011, et seq

Preparing for contingent business interruption claims in the wake of Superstorm Sandy

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • April 18 2013

The sheer amount of physical damage caused by what was left of Hurricane Sandy when it made landfall in New Jersey on October 29, 2012, is difficult

Massachusetts High Court rules that Federal Arbitration Act applies to contracts involving interstate commerce

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 19 2013

In a decision that has implications for reinsurance, the Massachusetts Supreme Judicial Court last week decided that the Federal Arbitration Act

Second Circuit determines party waived its right to arbitrate

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

Recently, the U.S. Court of Appeals for the Second Circuit affirmed a district court’s ruling denying the motion of plaintiffs-appellants (collectively “LSED”) to compel arbitration of a dispute with Merrill Lynch, Pierce, Fenner & Smith Inc. (“MLPFS”), finding that LSED waived its right to arbitrate by litigating the case for nearly a year before filing its motion

New York state court decision raises issues concerning the drafting of arbitration clauses

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 20 2010

By Design, LLC terminated the employment of Oded Nachmani, who claimed he was wrongfully dismissed in violation of his employment contract and certain discrimination laws

Alleged mutual fund kickback case allowed to proceed as class action

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • October 18 2012

Financial lines insurers may want to take a closer look at revenue-sharing agreements between pension plan administrators and the mutual funds they offer plan participants as investment options, in the wake of a Connecticut federal court’s decision to certify a class action against ING Life Insurance & Annuity Company

Federal court finds that the proper venue for a motion to confirm an arbitration award is the district in which the hearing was held, not where the award was signed

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • October 15 2010

NGC Network Asia, LLC (“NGC”) and Pacific Group International, Inc. (“PAC”) were parties to an arbitration held in New York

Second Circuit finds that D&O policies must cover costs incurred by independent consultant hired during settlement discussions

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 27 2011

The Second Circuit has declared that a bond insurer’s D&O program was obligated to pay costs incurred by an independent consultant who was hired during the course of settlement negotiations, despite the carrier’s claimed lack of an effective association in the settlement. MBIA, Inc

Massachusetts Appeals Court affirms insurer’s liability for tort-related litigation expenses in unfair claim settlement practices case

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 19 2013

On Friday, the Massachusetts Appeals Court handed down its decision in Rivera v. Commerce Insurance Company, No. 12-P-483 (Aug. 16, 2013). The

“Bare averment” insufficient to maintain bad faith claim in New Jersey for underinsured-motorist benefits

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 30 2010

A New Jersey federal judge dismissed a bad-faith claim for underinsured-motorist benefits, finding that Plaintiff's complaint lacked necessary factual support and did not rise above the level of "bare averment."