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NY court: insured may recover consequential damages absent insurer bad faith

Edwards Wildman Palmer LLP
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USA
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December 23 2009

On December 15, 2009, New York's Appellate Division for the First Department held that an insured need not allege or prove that its insurer acted in bad faith in order to recover consequential damages stemming from the insurer's breach of the policy

NERA’s 2009 year-end securities class action trends update

Edwards Wildman Palmer LLP
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USA
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December 31 2009

NERA Economic Consulting has issued its report titled: "Recent Trends in Securities Class Action Litigation: 2009 Year-End Update" (the "NERA Year-End Update"

Court examines duty to defend funeral homes accused of participation in organ harvesting

Edwards Wildman Palmer LLP
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USA
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December 23 2009

A federal judge in Pennsylvania recently examined whether an insurer must defend a crematorium and funeral home against several lawsuits alleging that they participated in an organ harvesting scheme

Broadcom settles options backdating securities class action

Edwards Wildman Palmer LLP
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USA
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January 4 2010

On December 29, 2009, Broadcom announced that it had agreed in principle to pay $160.5 million to settle a securities class action pending in United States District Court for the Central District of California against the company and certain of its current and former officers and directors

Former Tyco director settles with pension fund in opt-out action

Edwards Wildman Palmer LLP
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USA
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January 4 2010

In 2002, Tyco became embroiled in a well-publicized scandal arising out of alleged corporate looting by the company’s top management

Third Circuit holds that professional services exclusion in general liability policy applies to all allegations arising out of architect’s work and insurers had no duty to defend

Edwards Wildman Palmer LLP
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USA
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January 6 2010

The Court of Appeals for the Third Circuit, applying New Jersey law, recently held that all claims against an insured architectural firm arising out of the firm’s architectural work on a parking garage that later collapsed are not covered under its general liability policies due to professional services exclusions

Chinese drywall judicial panel on multi-district litigation rules that insurance coverage matter should not be transferred to Chinese drywall MDL proceedings

Edwards Wildman Palmer LLP
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USA
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December 30 2009

On December 2, 2009 the Judicial Panel on Multi-District Litigation (“JPML”) rejected efforts to transfer an insurance coverage action to the federal Chinese Drywall Multi-District Litigation (“MDL”) pending in the Eastern District of Louisiana

A Connecticut Superior Court denies insurer's motion to strike counts alleging bad faith and violations of CUTPA

Edwards Wildman Palmer LLP
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USA
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January 7 2010

In Vincoli v. Hartford Underwriters Ins. Co., FST-CV-09-5009591-S (Conn.Super. Sept. 24, 2009), a Connecticut Superior Court recently denied an Insurer's motion to strike counts alleging bad faith and violations of CUTPA from a complaint

Georgia Supreme Court holds insurer not entitled to safe harbor jury instruction where it conditioned tender of policy limits

Edwards Wildman Palmer LLP
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USA
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January 6 2010

The Georgia Supreme Court recently remanded a case alleging an insurer's bad-faith failure to settle based upon the fact that the trial court improperly instructed the jury that where a claimant's demand is conditioned upon the response of another insurance company, the insurer's offer of its policy limits fulfills its duty to its insured

Florida Supreme Court considering question of rental car company vicarious liability

Edwards Wildman Palmer LLP
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USA
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March 9 2010

On March 1, 2010, the Florida Supreme Court heard oral argument in Rafael Vargas v. Enterprise Leasing Company, et al., SC08-2269