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Evidence of oral settlement agreement reached in mediation inadmissible

  • Wiley Rein LLP
  • -
  • USA
  • -
  • August 19 2008

The Supreme Court of California has held that evidence of an oral settlement made in the course of mediation was inadmissible under California’s mediation confidentiality statutes

Insurer bound by award in arbitration of which it had notice but in which it decided not to participate

  • Wiley Rein LLP
  • -
  • USA
  • -
  • March 23 2009

The California Court of Appeal has held that an insurer that was notified of an underlying arbitration demand against its insured, an insolvent financial services firm, and was given an opportunity to participate in the arbitration was bound by the resulting award and judgment despite not having participated or having undertaken a duty to defend

Delaware Supreme Court enforces consent to settle clause and precludes coverage

  • Wiley Rein LLP
  • -
  • USA
  • -
  • August 25 2009

The Supreme Court of Delaware, applying Missouri law, has held that an insurer acted in good faith in objecting to a settlement reached at a mediation that it did not attend pursuant to an agreement with the insured

Sixth Circuit holds that coverage of arbitration claims barred by policy exclusion

  • Wiley Rein LLP
  • -
  • USA
  • -
  • September 2 2009

The United States Court of Appeals for the Sixth Circuit has held that, under Ohio law, an insured was not entitled to coverage for defense costs where allegations in the underlying complaint did not state a claim potentially within the scope of the policy’s coverage

Magistrate enforces arbitration clause in inter-insurer dispute

  • Wiley Rein LLP
  • -
  • USA
  • -
  • March 12 2010

US Magistrate Judge P Trevor Sharp of the Middle District of North Carolina, applying federal law of arbitration to a motion to stay, has issued a recommendation that the district court stay an insurer's third-party claim against another insurer based on the arbitration clause in the defendant-insurer's policy

Court holds defense costs outside policy limits

  • Wiley Rein LLP
  • -
  • USA
  • -
  • June 1 2010

The U.S. District Court for the Southern District of California, applying California law, has affirmed an arbitration ruling that defense costs paid by an insurer on behalf of an insured under a business management and indemnity policy did not erode the policy’s $1 million limit of liability

Claimant is collaterally estopped from asserting that arbitration award triggers coverage under lawyers professional liability policy

  • Wiley Rein LLP
  • -
  • USA
  • -
  • December 10 2010

The Court of Appeals of North Carolina has held that a claimant is collaterally estopped from asserting that an arbitration award triggers coverage under an insured's lawyers professional liability policy where the arbitration award found the insured liable solely in his capacity as a fund manager

Claimant is collaterally estopped from asserting that arbitration award triggers coverage under lawyers professional liability policy

  • Wiley Rein LLP
  • -
  • USA
  • -
  • November 2 2010

The Court of Appeals of North Carolina has held that a claimant is collaterally estopped from asserting that an arbitration award triggers coverage under an insured's lawyers professional liability policy where the arbitration award found the insured liable solely in his capacity as a fund manager

Stricker court adheres to dismissal of Medicare claims against liability insurers and others; rejects government's continuing accrual and tolling arguments

  • Wiley Rein LLP
  • -
  • USA
  • -
  • August 18 2011

In a significant victory for liability insurers and others, on Friday, August 12, 2011, United States District Court Judge Karon Owen Bowdre rejected the United States' motion to reconsider her September 30, 2010 order dismissing on statute of limitations grounds the Medicare recovery claims brought against the attorneys representing the Abernathy plaintiffs, the chemical companies sued in Abernathy as the alleged tortfeasor defendants and the chemical companies' liability insurance carriers

CFPB launches inquiry into effectiveness of arbitration clause in protecting consumer rights

  • Wiley Rein LLP
  • -
  • USA
  • -
  • April 26 2012

On April 24, 2012, the Consumer Financial Protection Bureau (CFPB) released a notice of public inquiry into "how consumers and financial services companies are affected by arbitration and arbitration clauses."