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Results: 1-10 of 182

New York State Court denies motion to compel discovery of reinsurance and reserve information

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 29 2010

In Mt. McKinley Ins. Co. v. Corning Inc., 2010 NY Slip Op 20235 (N.Y. Sup. Ct. June 14, 2010), an insured (“Corning”) moved to compel discovery of reinsurance and reserve information from its insurers, arguing that this information was relevant, material and necessary to its coverage claim

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

Plus D&O symposium: morning session I

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • February 3 2010

During a discussion on the state of securities litigation, a panel comprised of prominent securities litigators discussed trends in securities class actions and legislation that is on the horizon

Court finds that New York law governs reinsurance agreement, denies insured’s statutory claim for punitive damages and penalties against reinsurer

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • October 6 2009

Plaintiff Callon Petroleum Company ("Callon") commenced an action against National Indemnity Company ("NICO") to recover for a judgment Callon obtained against NICO’s cedent, Frontier Insurance Company ("Frontier"

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

Chinese drywall Judicial Panel on Multi-District Litigation rules that matter involving North American manufactured drywall should not be transferred to Chinese Drywall MDL

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 30 2009

On December 2, 2009 the Judicial Panel on Multi-District Litigation ("JPML") ruled that an action alleging damage from North American manufactured drywall should not be transferred to the federal Chinese Drywall Multi-District Litigation ("MDL") pending in the Eastern District of Louisiana (In Re: Chinese-Manufactured Drywall Product Liability Litigation, MDL No.2047

Massachusetts Appeals Court affirms dismissal of action against business owner policy by mortgagee

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 8 2010

The Massachusetts Appeals Court recently affirmed the Superior Court's granting of an insurer's motion to dismiss after finding that the standard mortgage clause in a business owner's policy did not confer coverage on a mortgagee for loss of rent where the mortgagor had executed an assignment of rent in the event of default

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

Ninth Circuit Court of Appeals reverses summary judgment and holds against insurer in bad faith action related to uninsured motorist claim

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 27 2009

The Ninth Circuit Court of Appeals recently reversed an award of summary judgment that had been in favor of an insurer in a bad faith action regarding an uninsured motorist claim, and found against the insurer