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Wisconsin court: “negligent misrepresentation” claims by molestation victims against archdiocese are not covered under CGL policy

Edwards Wildman Palmer LLP
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USA
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December 28 2010

The Wisconsin Court of Appeals recently ruled that "negligent misrepresentation" claims against the Archdiocese of Milwaukee arising from alleged molestation by priests are not covered under the Archdiocese's CGL policy

New Jersey appellate court affirms denial of coverage for attorneys' failure to disclose potential malpractice claim

Edwards Wildman Palmer LLP
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USA
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December 28 2010

The Superior Court of New Jersey, Appellate Division, recently affirmed a trial court's decision to deny coverage to an attorney and his law firm who had been sued in an underlying malpractice action

Connecticut district court grants summary judgment to insurer on bad faith claim

Edwards Wildman Palmer LLP
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USA
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December 28 2010

The United States District Court for the District of Connecticut recently granted a property insurer's motion for summary judgment on a claim that the insurer acted in bad faith when it denied coverage to its insured for damage to the basement walls in the insured's home

Virginia court follows First Circuit’s Genzyme reasoning, rejects carrier’s bid to recoup $15mm D&O payout

Edwards Wildman Palmer LLP
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USA
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December 17 2010

Following the reasoning of the First Circuit in its Genzyme decision, a federal court in Virginia has granted summary judgment to an insured whose carrier had sued to recoup a $15 million settlement under a D&O policy

Federal Court calls "individual mandate" unconstitutional

Edwards Wildman Palmer LLP
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USA
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December 16 2010

A Federal Court in Virginia ruled on December 13 that the provision of the Patient Protection and Affordable Care Act requiring most Americans to carry insurance or pay a fine is unconstitutional

Obama administration sues BP and others for the Deepwater Horizon disaster

Edwards Wildman Palmer LLP
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USA
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December 16 2010

The federal government filed a lawsuit yesterday in federal district court in New Orleans -- U.S. v. BP Exploration & Production Inc., et al. seeking damages under the Clean Water Act and the Oil Pollution Act for all costs and harms caused by the BP disaster, including damages to the environment

Court holds that D&O policy does not cover internal investigations or costs in responding to SEC investigations

Edwards Wildman Palmer LLP
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USA
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December 14 2010

A federal court in Florida ruled this fall that a D&O policy does not cover the insured company's costs in responding to an SEC investigation, nor its internal investigation costs in response to a whistleblower complaint

Second Circuit determines party waived its right to arbitrate

Edwards Wildman Palmer LLP
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USA
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December 13 2010

Recently, the U.S. Court of Appeals for the Second Circuit affirmed a district court’s ruling denying the motion of plaintiffs-appellants (collectively “LSED”) to compel arbitration of a dispute with Merrill Lynch, Pierce, Fenner & Smith Inc. (“MLPFS”), finding that LSED waived its right to arbitrate by litigating the case for nearly a year before filing its motion

NLRB complaint asserts that employer’s social media policy violates federal labor law

Edwards Wildman Palmer LLP
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USA
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December 13 2010

A recently-filed National Labor Relations Board (NLRB) complaint asserts that a company's social media policy, which forbids employees from engaging in certain activities on the Internet, violates federal labor law

Massachusetts Appeals Court holds that bad faith statute applies to captive insurers

Edwards Wildman Palmer LLP
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USA
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December 10 2010

The Massachusetts Appeals Court recently ruled that the state's statute governing insurance companies' claims settlement practices applies to captive insurers

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