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Results: 1-10 of 418

Massachusetts court says subrogation waiver can survive project completion

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 7 2010

In a case of first impression, the Massachusetts Appeals Court has ruled that an insured's waiver of its carrier's subrogation rights can survive the completion of a construction project

Washington District Court awards attorney’s fees incurred by insured’s subrogee in establishing coverage

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

A Washington District Court recently awarded an insured’s subrogee all attorney’s fees incurred at all levels of coverage litigation in establishing entitlement to coverage

NY lower court holds that Insurance Law 3420(a) applies to lawyer’s claims-made malpractice policy

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • November 19 2009

The New York Supreme Court, Erie County, recently held that a lawyers’ professional liability policy constitutes a "policy or contract insuring against liability for injury to person" within the meaning of Insurance Law 3420(a)(3)-(4

Third Circuit revives limited portions of in re: insurance brokerage antitrust litigation (MDL 1663)

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 18 2010

Nearly three years after a federal district court dismissed with prejudice a nationwide class action alleging antitrust and RICO claims against insurers and brokers in connection with contingent commission arrangements, the Third Circuit Court of Appeals has revived a limited swath of plaintiffs' claims

NY Court of Appeals applies Pennsylvania law to bar coverage for malpractice claim pursuant to prior knowledge exclusion

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • November 19 2009

Reversing the intermediate appellate court, New York’s highest court recently granted summary judgment in favor of two excess insurers based upon their policies’ prior knowledge exclusion

Connecticut District Court: insurer's default judgment does not necessarily preclude litigation in subrogation action

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 12 2010

A Connecticut District Court recently held that plaintiffs, who brought a subrogation action to recover a judgment entered in their favor in an underlying legal malpractice action against their attorneys, were entitled to litigate coverage issues even though the attorneys' insurer obtained a default judgment against the attorneys in a separate coverage action

NAIC subgroup adopts White Paper on Alternative Mechanisms for Troubled Companies

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 15 2009

During the National Association of Insurance Commissioners’ (NAIC) winter meeting, the Restructuring Mechanisms for Troubled Companies (E) Subgroup adopted the "White Paper on Alternative Mechanisms for Troubled Companies" (the "White Paper"

House introduces health insurance bill to repeal antitrust exemption

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • February 24 2010

On Monday, February 22, Representatives Tom Perriello (D-Va.) and Betsy Markey (D-Colo.) introduced H.R. 4626, the Health Insurance Industry Fair Competition Act, to repeal the McCarran-Ferguson Act antitrust exemption for the business of health insurance

California federal court rules that “insured v. insured” exclusion does not preclude insurer’s payments of defense costs in claim brought jointly by insureds and non-insureds

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 1 2009

The United States District Court for the Northern District of California, applying California law, has held that an “insured v. insured” clause exclusion in a D&O policy for claims asserted by an insured against an insured did not preclude the insurer from paying for the entire defense costs incurred by insured and non-insured claimants

D&O insurers face potential exposure on Deepwater Horizon claims

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 13 2010

Media reports suggest that BP's D&O insurers could face significant exposure to claims stemming from the Deepwater Horizon disaster