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Interpretation of actual and constructive total loss under the Marine Insurance Act 1906

Edwards Wildman Palmer LLP
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United Kingdom
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February 25 2010

Masefield AG v Amlin Corporate Member Ltd 2010 EWHC 280 (Comm) concerned the interpretation of actual and constructive total loss under the Marine Insurance Act 1906

Contra Proferentem principle applies to ambiguous questions in proposal form

Edwards Wildman Palmer LLP
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United Kingdom
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October 13 2009

The High Court's decision in R&R Development Ltd v AXA Insurance UK Plc 2009 EWHC 2424 (Ch) concerned the issue of whether ambiguous questions in a proposal form for a contract of insurance could be construed by following the Contra Proferentem principle without the need for the court to decide upon the correct interpretation of the questions

The curious case of a cracked side window and an Aviation General Liability policy

Edwards Wildman Palmer LLP
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USA
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September 7 2012

According to a recent decision by a federal appellate court interpreting an Aviation General Liability policy, a relatively minor crack in the side window of an aircraft can be far more than it is cracked up to be

Third parties may have rights of action against insurance brokers

Edwards Wildman Palmer LLP
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United Kingdom
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February 9 2010

In Mr Peter Crowson v HSBC Insurance Brokers Ltd (unreported), the Judge, in considering an application to strike out the claimant's claim, held that an individual who is not in a contractual relationship with an insurance broker may have rights of action in tort andor contract where the insurance to be arranged is also for his benefit

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

Court of Appeal decision demonstrates the wide applicability of the "Fairchild" exception for mesothelioma claims

Edwards Wildman Palmer LLP
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United Kingdom
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November 10 2009

In Sienkiewicz v Greif (UK) Ltd, the Court of Appeal considered the combined effect of the House of Lords' decisions in Fairchild v Glenhaven Funeral Services and Barker v Corus and section 3 of the Compensation Act 2006 on liability for mesothelioma claims

Insurers face more noise-induced hearing loss claims following Court of Appeal decision

Edwards Wildman Palmer LLP
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United Kingdom
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January 21 2010

Insurers may see increased exposure on employers' liability policies in 2010, particularly related to noise-related personal injuries, as the effects of the so-called textile deafness test litigation are felt in the industry

Court upholds insurer’s decision to deny benefits to smoker’s widow

Edwards Wildman Palmer LLP
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USA
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October 26 2010

In Jackson v. Farmers New World Life Ins. Co., the United States District Court for the Eastern District of Oklahoma ruled that the insurer did not act in bad faith or breach its contractual duty when it rescinded a $150,000 non-smokers life insurance policy after discovering that the insured was, in fact, a smoker

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
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USA
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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

Trustees' duties in employee life assurance schemes

Edwards Wildman Palmer LLP
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United Kingdom
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January 7 2010

In Ms Jacqueline Power v (1) The Trustees of the Open Text (UK) Limited Group Life Assurance Scheme (2) Open Text (UK) Limited 2009 EWHC 3064 (Ch), the High Court considered whether either the trustee of an employee life assurance scheme or the employer that issued the scheme was under a duty to consider the level of cover provided under the scheme and whether the trustee was under a duty to consider whether the cover was appropriate

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Search results

Interpretation of actual and constructive total loss under the Marine Insurance Act 1906

Contra Proferentem principle applies to ambiguous questions in proposal form

The curious case of a cracked side window and an Aviation General Liability policy

Third parties may have rights of action against insurance brokers

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

Court of Appeal decision demonstrates the wide applicability of the "Fairchild" exception for mesothelioma claims

Insurers face more noise-induced hearing loss claims following Court of Appeal decision

Court upholds insurer’s decision to deny benefits to smoker’s widow

Ninth Circuit affirms ruling that reinsurer has no duty to contribute to settlement payment where reinsured excess policy was not triggered

Trustees' duties in employee life assurance schemes

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