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Connecticut Superior Court grants summary judgment for insurer in lawsuit involving uninsured motor vehicle claim and common law and statutory bad faith claims

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 28 2009

An insurer represented by Edwards Angell Palmer & Dodge attorneys John Hughes and Julia Ulrich was recently granted summary judgment by the Connecticut Superior Court in a lawsuit involving a claim for uninsured motorist coverage, and also alleging common law and statutory bad faith against the insurer

Connecticut federal court awards summary judgment in favor of insurer due to insured’s failure to cooperate

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 25 2009

A Connecticut district court recently awarded summary judgment in favor of an insurance company due to the insured’s failure to cooperate in the insurer’s investigation of a claim

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

Connecticut Federal Court: multiple unfair practices in the handling of a single insurance claim do not constitute a “general business practice”

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 7 2009

The United States District Court for the District of Connecticut recently granted in part an insurer’s motion to dismiss on the basis that the insured could not prove a violation of the Connecticut Unfair InsuranceTrade Practices Acts because allegations of multiple unfair practices in dealing with a single insurance claim are not sufficient to constitute a "general business practice

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

Secondhand asbestos lawsuit settled after decision by Tennessee Supreme Court

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 16 2009

As previously discussed here, and here, the estate of Amanda Satterfield brought suit against Alcoa for her death from mesothelioma at the age of 25

Court approves American Home Mortgage's settlement of a subprime securities class action

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 18 2009

On July 30, 2009, the US District Court for the Eastern District of New York approved a $37.25 million settlement of a subprime-related securities class action styled, In re American Home Mortgage Securities Litigation

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

First Circuit narrows scope of attorney work product privilege

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 27 2009

In a case concerning an IRS audit -- but having potentially far-reaching implications for all manner of litigation and discovery -- United States v. Textron, Inc., No. 07-2631 (1st Cir. Aug. 13, 2009), the First Circuit en banc recently held that the “attorney work product” doctrine protects only documents prepared for use in litigation

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