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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
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
High Court rules on avoidance and breach of warranty issues
- Edwards Wildman Palmer LLP
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- United Kingdom
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- December 17 2009
The claimant, AC Ward & Son Limited (AC Ward) was the owner of a warehouse in Essex, which was left unoccupied at weekends
D&O insurers seek relief from automatic stay in order to assert coverage defense counterclaims against investment firm insureds
- Edwards Wildman Palmer LLP
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- USA
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- 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
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- USA
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- 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 Supreme Court: assault committed in self-defense is not an “accident"
- Edwards Wildman Palmer LLP
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- USA
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- October 29 2009
The California Supreme Court recently held that an assault and battery allegedly committed in self-defense was not an "accident" and therefore did not meet a CGL policy’s definition of a covered "occurrence."
Washington District Court awards attorney’s fees incurred by insured’s subrogee in establishing coverage
- Edwards Wildman Palmer LLP
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- USA
- -
- November 2 2009
A Washington District Court recently awarded an insured’s subrogee all attorney’s fees incurred at all levels of coverage litigation in establishing entitlement to coverage
LMX spiral claims - settlement reached
- Edwards Wildman Palmer LLP
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- United Kingdom
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- December 16 2009
We have previously reported here on the English Commercial Court decision in Equitas v R&Q Reinsurance (Brandywine), handed down on 11 November 2009
Massachusetts highest state court: pro-rata “time-on-the-risk” allocation method applies to ongoing environmental pollution occurring over multiple policy periods
- Edwards Wildman Palmer LLP
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- USA
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- August 4 2009
The Massachusetts Supreme Judicial Court recently held that where an insured "incurs covered costs as a result of ongoing environmental contamination occurring over more than one year and the insurer provided coverage for less than the full period of years in which contamination occurred," the loss should be pro rated among all the insurers on the risk during the relevant period
Court finds that New York law governs reinsurance agreement, denies insured’s statutory claim for punitive damages and penalties against reinsurer
- Edwards Wildman Palmer LLP
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- USA
- -
- October 6 2009
Plaintiff Callon Petroleum Company ("Callon") commenced an action against National Indemnity Company ("NICO") to recover for a judgment Callon obtained against NICO’s cedent, Frontier Insurance Company ("Frontier"
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- Workarea - Insurance & Reinsurance
- Workarea - Litigation
- Author - Helen Clark