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Interpretation of actual and constructive total loss under the Marine Insurance Act 1906
- Edwards Wildman Palmer LLP
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- United Kingdom
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- February 25 2010
Masefield AG v Amlin Corporate Member Ltd 2010 EWHC 280 (Comm) concerned the interpretation of actual and constructive total loss under the Marine Insurance Act 1906
New Japanese insurance law concerning insurance contracts comes into force
- Edwards Wildman Palmer LLP
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- Japan
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- April 8 2010
The new Japanese Insurance Act (the Insurance Act), which was passed by the Japanese Diet in May 2008 came into force on 1 April 2010
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
Foreign reinsurers announce earthquake loss estimates as industry sectors survey damage
- Edwards Wildman Palmer LLP
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- Chile
- -
- March 11 2010
Foreign reinsurers are beginning to count the cost of the earthquake in Chile last month, with announced loss estimates already surpassing $1.5 billion
Third parties may have rights of action against insurance brokers
- Edwards Wildman Palmer LLP
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- United Kingdom
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- February 9 2010
In Mr Peter Crowson v HSBC Insurance Brokers Ltd (unreported), the Judge, in considering an application to strike out the claimant's claim, held that an individual who is not in a contractual relationship with an insurance broker may have rights of action in tort andor contract where the insurance to be arranged is also for his benefit
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
Ninth Circuit affirms ruling that reinsurer has no duty to contribute to settlement payment where reinsured excess policy was not triggered
- Edwards Wildman Palmer LLP
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- USA
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- July 2 2010
Texas Farmers Insurance Company ("Texas Farmers") issued claims-made insurance policies (transformed into occurrence-based policies through endorsement) to Kaiser Permanente, a medical facility, for the policy periods of 4999-4900, 4900-4901, and 4901-4902
House passes surplus lines and reinsurance reform bill
- Edwards Wildman Palmer LLP
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- USA
- -
- 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
Speech by Sally Dewar - taking the FSA's corporate governance agenda forward
- Edwards Wildman Palmer LLP
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- United Kingdom
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- April 6 2010
Sally Dewar, the Financial Services Authority's (FSA) managing director of Risk, gave a speech entitled "Taking the FSA's corporate governance agenda forward" at the City Corporate Governance and Remuneration Summit on 30 March 2010
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