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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

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

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

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

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"

California Supreme Court: assault committed in self-defense is not an “accident"

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • October 29 2009

The California Supreme Court recently held that an assault and battery allegedly committed in self-defense was not an "accident" and therefore did not meet a CGL policy’s definition of a covered "occurrence."

United States district court grants insurer’s motion to dismiss in case involving guaranties of reinsurance for default protection insurance

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

In Everest National Insurance Company, et al. v. Robert Sutton, 07-Civ.-722 (JAP) (D.N.J. Oct. 14, 2009), the court dismissed five of Defendants’ counterclaims and three affirmative defenses on Plaintiff’s motion to dismiss

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