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New York appeals court dismisses suit against MBIA Inc. over bond insurer’s financial restructuring
- Edwards Wildman Palmer LLP
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- USA
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- January 25 2011
A New York appeals court recently dismissed one of two lawsuits filed against MBIA Inc. (“MBIA”) by more than a dozen major financial institutions concerning the bond insurer’s financial restructuring
New Massachusetts law permits property carriers to exclude terrorism-caused fire loss
- Edwards Wildman Palmer LLP
- -
- USA
- -
- January 24 2011
Massachusetts Governor Deval Patrick has signed H.960 into law
SEC and US Attorney accuse Costa Rican life insurance bond company of $670 million fraud
- Edwards Wildman Palmer LLP
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- USA
- -
- January 21 2011
Both the Securities and Exchange Commission and the U.S. Attorney's Office have brought actions against Costa Rica-based Provident Capital Indemnity, LTD, an insurance and reinsurance company that purported to provide bonds guaranteeing life insurance settlements, but was instead allegedly perpetrating a $670 million fraudulent scheme
Second Circuit denies cedent's motion for a rehearing in follow the fortunes case
- Edwards Wildman Palmer LLP
- -
- USA
- -
- January 21 2011
We recently blogged about the Second Circuit's decision in Arrowood Surplus Lines Ins. Co. v. Westport Ins. Corp., No. 10-cv-0397 (2d Cir. 2010), in which an appellate panel held that a reinsurer had no obligation to indemnify its cedent for losses outside the scope of the treaty at issue
Massachusetts federal court addresses manifest disregard of the law standard, finds that panel’s decision to limit discovery and witness testimony did not provide a basis to vacate award
- Edwards Wildman Palmer LLP
- -
- USA
- -
- January 21 2011
In OneBeacon America Insurance Co. v. Swiss Reinsurance America Corporation, 09-CV-11495-PBS (D.Mass. December 23, 2010), a motion was brought by petitioner OneBeacon to vacate an arbitration award on the basis that the arbitrators were guilty of misconduct for refusing to permit necessary discovery and hear certain evidence
Eighth Circuit holds that the collapse of seven stories of decorative brick veneer is not a “collapse of a part of a building”
- Edwards Wildman Palmer LLP
- -
- USA
- -
- January 19 2011
In Council Tower Ass’n v. Axis Specialty Ins. Co., No. 09-3900, 2011 WL 31519 (8th Cir. 2011), the Eight Circuit considered whether, under Missouri law, the falling of seven stories of a twenty-six-story exterior brick veneer was a covered “collapse” of a building
Chinese drywall - manufacturers still refusing to compensate U.S. homeowners
- Edwards Wildman Palmer LLP
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- USA
- -
- January 12 2011
Inez Tenenbaum, the head of the U.S. Consumer Product Safety Commission, said this week that the U.S. has not been able to persuade Chinese officials to agree to compensate U.S. homeowners for losses associated with Chinese manufactured drywall
Chinese drywall - Florida federal district court finds no coverage under CGL policy
- Edwards Wildman Palmer LLP
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- USA
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- January 12 2011
In Amerisure Mutual Insurance Co. v. Albanese Popkin the Oaks Development Group L.P., 2010 U.S. Dist. LEXIS 125918 (Nov. 30, 2010), Judge Kenneth A. Marra of the U.S. District Court for the Southern District of Florida ordered that the developer’s insurer has no duty to provide coverage or a defense for claims related to Chinese drywall, which were made against the developer
Federal court orders insurer to produce reinsurance information, despite acknowledging split among courts on the issue
- Edwards Wildman Palmer LLP
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- USA
- -
- January 11 2011
Suffolk Federal Credit Union ("SFCU") brought an action against Cumis Insurance Society to recover certain losses arising under a fidelity bond
New York governor formally announces plan to merge insurance department with banking department
- Edwards Wildman Palmer LLP
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- USA
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- January 6 2011
As expected, New York Governor Andrew Cuomo announced during his State of the State address plans to merge the Insurance Department with the Banking Department and Consumer Protection Board in order to create a new Department of Financial Regulation
