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Results: 1-10 of 418

New York seeks comments on draft amendment restricting release terms

  • Locke Lord LLP
  • -
  • USA
  • -
  • April 20 2010

The New York Insurance Department has proposed a fourteenth amendment to Regulation 64, Unfair Claims Settlement Practices and Claims Cost Control Measures (the "Proposed Amendment"

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

  • Locke Lord 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

Federal court finds that fraud claim is not arbitrable

  • Locke Lord LLP
  • -
  • USA
  • -
  • August 4 2010

In a decision by the United States District Court for the Southern District of New York, AXA Versicherung AG v. New Hampshire Ins. Co., 05 Civ. 10180 (JSR) (S.D.N.Y. 2010), the court held that certain fraud claims were not a matter of contract interpretation and, therefore, not arbitrable under a provision in a facultative reinsurance agreement that provided for arbitration of disputes “arising out of the interpretation of this agreement.”

BP update: breakdown of Gulf Coast Claims Facility claim payments

  • Locke Lord LLP
  • -
  • USA
  • -
  • November 18 2010

The Gulf Coast Claims Facility ("GCCF") has issued a report containing updated data on claims payments made as of November 17, 2010

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

  • Locke Lord LLP
  • -
  • USA
  • -
  • 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

Massachusetts Supreme Judicial Court defines contours of statute regulating indemnification (but not insurance provisions) in lease agreements

  • Locke Lord LLP
  • -
  • USA
  • -
  • May 18 2010

The Massachusetts Supreme Judicial Court recently held that G.L. c. 186 15, which makes void any indemnification agreement or provision whereby a tenant is obligated to indemnify a landlord, in whole or in part, for the landlord’s own negligence, does not apply to insurance provisions in the lease agreement

Third Circuit rules that clear and unambiguous intent is required to opt out of the removal provision and vacatur standards of the FAA and convention

  • Locke Lord LLP
  • -
  • USA
  • -
  • October 4 2010

A recent decision of the Third Circuit Court of Appeals, Ario, Insurance Commissioner of the Commonwealth of Pennsylvania, in his official capacity as the statutory liquidator of Legion Insurance Company (in liquidation) v. The Underwriting Members of Syndicate 53 at Lloyd’s for the 1998 Year of Account, No. 09-1921, 09-2989 and 09-2991 (3d Cir. 2010), involved a dispute between the Liquidator of Legion and Villanova, as cedents, and The Underwriting Members of Syndicate 53 at Lloyd’s for the 1998 Year of Account, as reinsurers, which concerned whether the cedents had properly underwrote the business described in the reinsurance placement materials

Louisiana insureds petition the U.S. Supreme Court to review a Fifth Circuit decision vacating that portion of Katrina-related judgment that awarded penalties, damages and attorneys’ fees based on an insurer's alleged bad faith

  • Locke Lord LLP
  • -
  • USA
  • -
  • October 26 2009

On July 21, 2009, Judy and Michael Kodrin filed a petition for a writ of certiorari in the U.S. Supreme Court, asking the Supreme Court to review a Fifth Circuit decision vacating that portion of a Katrina-related judgment that awarded them penalties, damages and attorneys’ fees based on their homeowners insurer’s alleged bad faith

Chinese drywall - Florida federal district court finds no coverage under CGL policy

  • Locke Lord LLP
  • -
  • USA
  • -
  • January 12 2011

In Amerisure Mutual Insurance Co. v. Albanese Popkin the Oaks Development Group L.P., 2010 U.S. Dist. LEXIS 125918 (Nov. 30, 2010), Judge Kenneth A. Marra of the U.S. District Court for the Southern District of Florida ordered that the developer’s insurer has no duty to provide coverage or a defense for claims related to Chinese drywall, which were made against the developer

California enacts STOLI legislation

  • Locke Lord LLP
  • -
  • USA
  • -
  • October 19 2009

On October 11, 2009, California Governor Arnold Schwarzenegger signed S.B. 98 (the “Act”), which targets stranger originated life insurance (“STOLI”) transactions