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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

Wasa v. Lexington: House of Lords not back-to-back with the Court of Appeal

Edwards Wildman Palmer LLP
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United Kingdom
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September 3 2009

House of Lords considers the extent to which facultative reinsurance should be construed as being back to back with the underlying insurance

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

D&O insurers seek relief from automatic stay in order to assert coverage defense counterclaims against investment firm insureds

Edwards Wildman Palmer LLP
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USA
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August 7 2009

Two D&O insurers have asked the U.S. Bankruptcy Court for the District of Minnesota to lift an automatic stay in a bankruptcy proceeding pending against their insureds so that the insurers can pursue their coverage defenses as counterclaims against the insureds in a pending declaratory judgment action

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

Massachusetts highest state court: pro-rata “time-on-the-risk” allocation method applies to ongoing environmental pollution occurring over multiple policy periods

Edwards Wildman Palmer LLP
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USA
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August 4 2009

The Massachusetts Supreme Judicial Court recently held that where an insured "incurs covered costs as a result of ongoing environmental contamination occurring over more than one year and the insurer provided coverage for less than the full period of years in which contamination occurred," the loss should be pro rated among all the insurers on the risk during the relevant period

Insurance Industry Working Group sets out 2020 vision

Edwards Wildman Palmer LLP
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United Kingdom
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August 3 2009

On 27 July 2009 the Insurance Industry Working Group (IIWG) published a report on its vision for the insurance industry in 2020

SEC Task Force to investigate life settlements

Edwards Wildman Palmer LLP
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USA
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September 21 2009

According to industry reports, the US Securities and Exchange Commission has formed a multidisciplinary task force (“Task Force”) to investigate life settlements (i.e. the sale of life insurance products by policyholders to third-party investors

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Search results

Contra Proferentem principle applies to ambiguous questions in proposal form

Wasa v. Lexington: House of Lords not back-to-back with the Court of Appeal

House passes surplus lines and reinsurance reform bill

AIRROC launches expedited binding arbitration procedure for small claims

Restatement of European insurance contract law

D&O insurers seek relief from automatic stay in order to assert coverage defense counterclaims against investment firm insureds

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

Massachusetts highest state court: pro-rata “time-on-the-risk” allocation method applies to ongoing environmental pollution occurring over multiple policy periods

Insurance Industry Working Group sets out 2020 vision

SEC Task Force to investigate life settlements

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