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Results: 11-20 of 41

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

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

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

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

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

California appellate court applies government contractor immunity defense to boilers on naval vessels in asbestos-related decision

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 24 2009

Earlier this month, a California appellate court held that the government contractor immunity defense applies to a boiler manufactured to United States Navy specifications, shielding the manufacturer from a design defect claim

First Circuit: no coverage under claims made and reported policy if insured fails to report claim within policy period

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

The First Circuit recently held that an insured was not entitled to coverage under a Professional Liability claims made and reported policy where the claim is not both made against the insured and reported to the insurer within the policy period

Connecticut Appellate Court affirms summary judgment in favor of insurer due to insured’s failure to cooperate

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

The Connecticut Appellate Court recently affirmed a lower court’s grant of summary judgment in favor of an insurer based on its determination that the insured breached the insurance policy’s cooperation clause by failing to provide copies of requested tax returns

Court gives preliminary approval to Merrill Lynch's settlement of a subprime-related securities class action

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

On August 24, 2009, the US District Court for the Southern District of New York preliminarily approved a $150 million settlement of a subprime-related securities class action pending against Merrill Lynch and several of its directors and officers styled, Louisiana Sheriff's Pension and Relief Fund v. Conway et al

Connecticut Supreme Court finds automobile insurance policy language ambiguous

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

The Connecticut Supreme Court recently reversed a judgment that had been in favor of an automobile insurer in a breach of contract action brought by glass repair companies who had been assigned the rights of the defendant’s insureds