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D&O insurers seek relief from automatic stay in order to assert coverage defense counterclaims against investment firm insureds
- Edwards Wildman Palmer LLP
- -
- USA
- -
- August 7 2009
Two D&O insurers have asked the U.S. Bankruptcy Court for the District of Minnesota to lift an automatic stay in a bankruptcy proceeding pending against their insureds so that the insurers can pursue their coverage defenses as counterclaims against the insureds in a pending declaratory judgment action
Delaware court: right to advancement of defense costs for defamation suit can be modified based on changes in factual circumstances
- Edwards Wildman Palmer LLP
- -
- USA
- -
- July 28 2009
In a short letter-to-counsel opinion, Vice Chancellor John Noble of the Delaware Chancery Court held that a prior order granting advancement to two officers and directors can be modified based on changes in factual circumstances
Delaware Supreme Court: under certain circumstances, a D&O insurer may reasonably withhold its consent to settle
- Edwards Wildman Palmer LLP
- -
- USA
- -
- September 17 2009
In an August 10, 2009 decision, the Delaware Supreme Court held that under certain circumstances, a D&O insurer may reasonably withhold its consent to settle a claim
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
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- 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
New York appellate court: claims against manufacturer of ear protectors
- Edwards Wildman Palmer LLP
- -
- USA
- -
- September 29 2009
Earlier this month, a New York appellate court held that claims against the manufacturer of protective devices for ears were barred by the three-year statute of limitations governing actions to recover damages for personal injury
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
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- 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"
Second Circuit upholds dismissal for advisor who recommended Bayou Group hedge fund
- Edwards Wildman Palmer LLP
- -
- USA
- -
- July 21 2009
In a highly anticipated decision, the United States Court of Appeals for the Second Circuit affirmed last week that investment advisor Hennessee Group LLC could not be liable on the claims asserted by one of its clients for recommending that the client invest in a hedge fund that turned out to be nothing more than a Ponzi scheme perpetrated by Bayou Group LLC
Insured bears burden of proving allocation of jury award between covered and non-covered claims unless insurer controls defense
- Edwards Wildman Palmer LLP
- -
- USA
- -
- August 4 2009
The West Virginia Supreme Court recently answered the following question certified from the U.S. District Court in that state: Does the insured bear the burden of showing that a jury awarded damages for covered, as opposed to non-covered, claims when the answer is not clear from the award itself?
Fifth Circuit affirms denial of request for discovery for use in a private international arbitration proceeding pursuant to 28 U.S.C. 1782
- Edwards Wildman Palmer LLP
- -
- USA
- -
- September 2 2009
In a decision filed August 6, 2009, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s denial of a request under 28 U.S.C. 1782 for discovery for use in a private international arbitration proceeding
Seventh Circuit rules that challenge to a replacement arbitrator must be made at the time of the appointment and not at the conclusion of the arbitration
- Edwards Wildman Palmer LLP
- -
- USA
- -
- September 10 2009
In a recent decision from the United States Court of Appeals for the Seventh Circuit, WellPoint, Inc. v. John Hancock Life Ins. Co., No. 08-2283 (7th Cir. Aug. 7, 2009), the court ruled that a party seeking to challenge the appointment of a replacement arbitrator must do so at the time of the appointment or else lose its ability to make such a challenge
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- Jurisdiction - USA
- Workarea - Litigation
- Author - Jeanne Kohler
- Author - M Machua Millett
- Author - Lisa Peatfield
- Firm Name - Edwards Wildman Palmer LLP