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Results: 1-10 of 51

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

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

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

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

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

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

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"

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