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New York State Court denies motion to compel discovery of reinsurance and reserve information
- Edwards Wildman Palmer LLP
- -
- USA
- -
- July 29 2010
In Mt. McKinley Ins. Co. v. Corning Inc., 2010 NY Slip Op 20235 (N.Y. Sup. Ct. June 14, 2010), an insured (“Corning”) moved to compel discovery of reinsurance and reserve information from its insurers, arguing that this information was relevant, material and necessary to its coverage claim
Southern District grants in part and denies in part the rating agencies' motion to dismiss in subprime suit
- Edwards Wildman Palmer LLP
- -
- USA
- -
- November 9 2009
By orders dated September 1, 2009 and October 15, 2009, the U.S. District Court for the Southern District of New York granted in part, and denied in part, the defendants motion to dismiss in Abu Dhabi Commercial Bank et al v. Morgan Stanley et al, which names as defendants Moody’s Corporation (“Moody’s”) and McGraw Hill Companies (“McGraw Hill”) (collectively, the “Rating Agencies”
Court denies Wells Fargo’s motion to dismiss on statute of limitations grounds
- Edwards Wildman Palmer LLP
- -
- USA
- -
- June 10 2010
The United States District Court for the Northern District of California recently granted in part and denied in part motions to dismiss a class action brought by a class of purchasers of mortgage pass-through certificates
Ninth Circuit affirms ruling that reinsurer has no duty to contribute to settlement payment where reinsured excess policy was not triggered
- Edwards Wildman Palmer LLP
- -
- USA
- -
- July 2 2010
Texas Farmers Insurance Company ("Texas Farmers") issued claims-made insurance policies (transformed into occurrence-based policies through endorsement) to Kaiser Permanente, a medical facility, for the policy periods of 4999-4900, 4900-4901, and 4901-4902
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
- -
- USA
- -
- 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
Learned intermediary doctrine: Eleventh Circuit upholds summary judgment in favor of manufacturer in lawsuit claiming antidepressant caused suicide
- Edwards Wildman Palmer LLP
- -
- USA
- -
- May 28 2010
The 11th Circuit Court of Appeals recently relied upon the learned intermediary doctrine in affirming summary judgment in favor of Smithkline Beecham Corp. (“SBC”) in a lawsuit claiming that the antidepressant Paxil caused the decedent to commit suicide
Connecticut Appellate Court affirms summary judgment holding that insurer had no duty to defend or indemnify its insured in negligence claim brought by stabbing victim
- Edwards Wildman Palmer LLP
- -
- USA
- -
- January 25 2010
The Connecticut Appellate Court recently affirmed a trial court’s summary judgment holding that an insurance company had no duty to defend or indemnify its insured in a negligence action brought by a women who was stabbed twenty-four times by the insured
Jury awards $141 million against Pfizer in connection with off-label use of Neurontin
- Edwards Wildman Palmer LLP
- -
- USA
- -
- April 7 2010
A federal jury in Boston recently returned a verdict against Pfizer Inc. in connection with claims that Pfizer unlawfully promoted off-label uses of its anti-epilepsy drug Neurontin
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 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
