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Results: 1-10 of 123

Chinese drywall first bellwether trial ongoing

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • March 9 2010

The first federal trial in the nationwide Chinese drywall controversy began on February 19th, 2010 in New Orleans and is ongoing

Connecticut trial court dismisses passenger’s insurer from uninsured motorist lawsuit

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • November 10 2009

The Connecticut Superior Court recently granted the motion for summary judgment of a passenger’s insurer in a lawsuit concerning uninsuredunderinsured motorist coverage on the basis that the amount of potential coverage was capped and coverage under this excess insurer’s policy was not recoverable

Federal court upholds an arbitration panel’s award requiring a cedent to pay its reinsurer’s attorneys’ fees

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • March 2 2010

National Union Fire Insurance Company of Pittsburgh, PA entered into a reinsurance treaty with Odyssey America Reinsurance Corporation, which contained an arbitration clause

NY court: insured may recover consequential damages absent insurer bad faith

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 23 2009

On December 15, 2009, New York's Appellate Division for the First Department held that an insured need not allege or prove that its insurer acted in bad faith in order to recover consequential damages stemming from the insurer's breach of the policy

Connecticut Appellate Court affirms award of summary judgment in favor of title insurer and finds policy exclusion applies and insurer did not breach the covenant of good faith and fair dealing

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • November 2 2009

In Lauren Heyse, et al. v. William Case, et al., AC No. 29289 (Conn. App. Jun. 2, 2009), the insured, a resident of a common interest community, brought a lawsuit to challenge the rights of another property owner within the common interest community to subdivide a lot within the common interest community

Connecticut Supreme Court affirms summary judgment for insurer on because prior administrative proceeding for unemployment benefits constituted a related claim

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 15 2010

The Connecticut Supreme Court recently affirmed summary judgment in favor of an insurance company on the basis that a wrongful termination lawsuit against an insured was related to a prior administrative action for unemployment benefits and was therefore excluded by the policy

California court refuses to extend coverage for fire intentionally set by child under homeowner’s policy

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • January 27 2010

Recently, a California Appeals Court denied coverage under a homeowner's policy for damages caused by a fire intentionally set by the insureds' son

Southern District of New York confirms arbitration award dismissing fraud claims on summary judgment

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • November 3 2009

In a recent decision of the United States District Court for the Southern District of New York, TIG Ins. Co. v. Global Int’l Reins. Co., Ltd., No. 09 Civ. 1289 (Aug. 7, 2009), the court ruled that an arbitrator’s decision to ignore certain evidence is not a proper ground for vacating an arbitration award

First Circuit upholds decision to deny insurer recoupment of deductibles following class action settlement

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 31 2009

The First Circuit recently affirmed the decision of the United States District Court for the District of Maine to deny American National Fire Insurance Company’s ("ANFIC") plea for recoupment of a settlement payment made by ANFIC to York County Jail

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
  • -
  • USA
  • -
  • 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