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Results: 1-10 of 286

Second Circuit: distinguishing between policy definitions subject to NY Insurance Law 3420(d)(2)’s timely disclaimer requirement as an exclusion and those that are not

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 16 2010

In a decision issued on February 1, 2010, the United Stated Court of Appeals for the Second Circuit confirmed that under New York law some policy provisions, although placed outside of the policy's "Exclusions" section, may nonetheless be considered an exclusion and, therefore, subject to the timely disclaimer and denial requirement of NY Insurance Law 3420(d)(2

First Circuit: no coverage under claims made and reported policy if insured fails to report claim within policy period

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 29 2009

The First Circuit recently held that an insured was not entitled to coverage under a Professional Liability claims made and reported policy where the claim is not both made against the insured and reported to the insurer within the policy period

Eleventh Circuit upholds that D&O policy does not provide coverage for claims arising out of property damage under Florida law

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 22 2010

In an unpublished opinion, the Eleventh Circuit recently affirmed the trial court's decision that a D&O policy does not provide coverage for third-party property damage claims

New York contemplates disclosure for excess annuity withdrawals

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

The New York Insurance Department ("NYID") prepared a draft circular letter ("Draft Circular Letter" or "Letter") in early June, which, if finalized and issued, will require insurers to advise consumers of the implications of excess withdrawals from annuities with guaranteed minimum withdrawal benefits ("GMWB"

Texas moves closer to banning use of discretionary clauses in insurance contracts

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 1 2010

The Texas Department of Insurance (“TDI”) has officially proposed regulations banning the use of discretionary clauses in insurance contracts

Pennsylvania federal court dismisses bad faith claim as subsumed by breach of contract claim, but allows statutory bad faith claim

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 17 2010

Recently, a Pennsylvania federal court dismissed a bad faith claim against an insurer on the grounds that the claim was subsumed by the plaintiff's breach of contract claim in the same proceeding

Georgia Federal District Court finds that hot tub water is “intended for bodily consumption”

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • November 11 2009

The United States District Court for the Northern District of Georgia recently held that an insurer had a duty to defend under a CGL policy and umbrella policy against claims relating to a hotel guest’s alleged contraction of Legionnaire’s Disease from a dirty hot tub

Rhode Island proposes new service of process regulation

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • February 23 2010

The Rhode Island Division of Insurance (the "Division") has scheduled a public hearing for March 2, 2010 to discuss the adoption of Proposed Regulation 114

New York state court finds that follow the settlements doctrine does not apply

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 21 2010

In American Home Assurance Co. v. American Re-Insurance Co., No. 60248506 (N.Y. Sup. Ct. May 27, 2010), the plaintiffs, several ceding companies, brought a declaratory judgment action against certain reinsurers (collectively, the “Reinsurers”) seeking reimbursement for portions of a settlement plaintiffs made with their insured, Monsanto Corporation

Rhode Island 2011 budget - tax implications for surplus lines insurers and medical malpractice joint underwriters association

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 16 2010

The 2011 Rhode Island state budget, which was enacted as HB 7397A and signed into law June 2, 2010, amends the taxation statutes applicable to surplus lines insurers and the Medical Malpractice Joint Underwriters Association