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Wisconsin court: “negligent misrepresentation” claims by molestation victims against archdiocese are not covered under CGL policy

Edwards Wildman Palmer LLP
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USA
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December 28 2010

The Wisconsin Court of Appeals recently ruled that "negligent misrepresentation" claims against the Archdiocese of Milwaukee arising from alleged molestation by priests are not covered under the Archdiocese's CGL policy

New Jersey appellate court affirms denial of coverage for attorneys' failure to disclose potential malpractice claim

Edwards Wildman Palmer LLP
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USA
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December 28 2010

The Superior Court of New Jersey, Appellate Division, recently affirmed a trial court's decision to deny coverage to an attorney and his law firm who had been sued in an underlying malpractice action

Connecticut district court grants summary judgment to insurer on bad faith claim

Edwards Wildman Palmer LLP
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USA
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December 28 2010

The United States District Court for the District of Connecticut recently granted a property insurer's motion for summary judgment on a claim that the insurer acted in bad faith when it denied coverage to its insured for damage to the basement walls in the insured's home

Virginia court follows First Circuit’s Genzyme reasoning, rejects carrier’s bid to recoup $15mm D&O payout

Edwards Wildman Palmer LLP
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USA
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December 17 2010

Following the reasoning of the First Circuit in its Genzyme decision, a federal court in Virginia has granted summary judgment to an insured whose carrier had sued to recoup a $15 million settlement under a D&O policy

Court finds coverage excluded for shooting by security guard

Edwards Wildman Palmer LLP
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USA
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September 1 2010

A California Appeals Court recently held that a wrongful death action against a security guard who shot a man while on duty was excluded under an "assault and battery" exclusion, even if the security guard acted in self-defense

Federal district court finds that arbitrator lacks the authority to issue pre-hearing deposition subpoena to non-party under the Federal Arbitration Act

Edwards Wildman Palmer LLP
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USA
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August 31 2010

Helene Tomasian, a non-party to an arbitration between Ware and C.D. Peacock, Inc., moved to quash an arbitrator’s subpoena compelling her attendance at a pre-hearing deposition

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

Edwards Wildman Palmer LLP
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USA
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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."

Second Circuit finds that reinsurer’s fraud claims are not arbitrable, but reverses district court’s judgment and holds that those claims are time-barred, relieving cedents of liability

Edwards Wildman Palmer LLP
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USA
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September 1 2010

Defendants, certain ceding companies, appealed a judgment from the U.S. District Court for the Southern District of New York holding them liable for fraudulently inducing the plaintiff reinsurer to enter into two reinsurance facilities

Fourth Circuit rules that panel did not exceed the scope of its powers and declines to opine whether manifest disregard of the law is available after Hall Street

Edwards Wildman Palmer LLP
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USA
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September 1 2010

In a recent decision by the Fourth Circuit Court of Appeals, MCI Constructors, LLC v. City of Greensboro, No. 09-1600 (4th Cir. July 1, 2010), the court held that the district court did not err in denying motions to vacate certain arbitration awards

Nevada federal judge finds no breach of contract or bad faith where insurer ceased payment to policyholders for chiropractic services following auto accident

Edwards Wildman Palmer LLP
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USA
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August 30 2010

A Nevada federal judge has determined that an insurer did not breach its contract or act in bad faith when it terminated payment for chiropractic services for two policyholders injured in an automobile accident

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