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Developments in law, factual discovery lead federal judge to decertify class action

Foley & Lardner LLP
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USA
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December 20 2012

In Campbell v. First American, a federal judge in Maine has issued a ruling decertifying a class action involving claims that First American Title Insurance Co. overcharged refinance customers for their title insurance

Does your EPLI policy cover lawsuits brought by the EEOC?

Foley & Lardner LLP
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USA
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October 3 2011

A federal court in Tennessee recently ruled that an employer’s employment practices liability insurance (EPLI) did not cover a $2.7 million settlement of a lawsuit brought by the EEOC

Court rules that semicolon in statute means that force-placed insurance provision of RESPA is not yet effective

Foley & Lardner LLP
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USA
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October 3 2011

In Williams v. Wells Fargo Bank, N.A., Judge Cecilia M. Altonaga of the United States District Court for the Southern District of Florida, ruled that a semicolon contained in the Dodd-Frank Wall Street Reform and Consumer Protection Act means that force-placed insurance provisions contained in the amendments to the Real Estate Settlement Procedures Act (“RESPA”) are not yet in effect

Avoiding problems with arbitrator disclosures: practical lessons from Karlseng v. Cooke

Foley & Lardner LLP
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USA
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August 29 2011

For many decades, the reinsurance marketplace has adopted arbitration as the preferred mode of dispute resolution

U.S. Supreme Court grants review regarding RESPA standing in the absence of economic injury

Foley & Lardner LLP
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USA
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June 22 2011

On Monday, the U.S. Supreme Court granted certiorari in a proposed class action to determine the scope of a home-buyer’s standing to sue a title insurer company that allegedly violated the Real Estate Settlement Procedures Act of 1974 (RESPA

Fifth Circuit affirms denial of class certification of claims against Title Insurance Company

Foley & Lardner LLP
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USA
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April 7 2011

In the recent case of Benavides v Chicago Title Insurance Co, --- F.3d ----, 2011 WL 1107009, No. 10-10136 (5th Cir. March 23, 2011), the Fifth Circuit affirmed the Northern District of Texas’s denial of class certification which was based on a finding that there lacked predominance of common questions over individualized ones

Federal court rules that surplus lines insurers must file policy forms with commissioner of insurance

Foley & Lardner LLP
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USA
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March 21 2011

On November 20, 2010, the United States District Court for the Eastern District of Wisconsin issued a decision that sent shock waves through the surplus lines community

IRS is aggressively challenging P&C loss reserve deductions: companies should be prepared

Foley & Lardner LLP
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USA
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March 21 2011

Starting in 2008 and continuing today, the IRS has ramped up challenges to loss reserve deductions taken by property and casualty insurance companies in computing taxable income

Seventh Circuit rules against disqualifying arbitrators during an arbitration

Foley & Lardner LLP
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USA
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March 21 2011

The Seventh Circuit definitively rejected attempts by a party to obtain an injunction preventing an arbitrator from serving on a pending arbitration, reaching the same result as other Circuit Courts of Appeal

California Supreme Court creates exception to the Foster-Gardner rule in Ameron

Foley & Lardner LLP
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USA
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November 30 2010

The California Supreme Court has issued a landmark decision that provides a new standard in analyzing whether an insurer's duty to defend is triggered under a policy of insurance whereby the term "suit" is not defined and, in the process, has expanded insurers' potential defense obligation

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