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High Court limits plaintiffs ability to cap damages prior to class certification
- Hunton & Williams LLP
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- USA
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- March 21 2013
On March 19, in The Standard Fire Insurance Company v. Knowles, No. 11-1450, the United States Supreme Court ruled that stipulations by a named
Florida intermediate appellate court opinion may result in increased obligation for insurers to provide independent counsel for additional insured
- Hunton & Williams LLP
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- USA
- -
- March 20 2013
On February 20, 2013, Florida's Third District Court of Appeal held as a matter of first impression in University of Miami v. Great American
Suit seeking damages arising from food product potentially contaminated by tainted instant milk is covered under distributor's general liability insurance
- Hunton & Williams LLP
- -
- USA
- -
- January 18 2013
In Netherlands Ins. Co. v. Main Street Ingredients, LLC, No. 0:11-cv-00533-DSD-FLN (D. Minn. Jan. 8, 2013), the United States District Court for the
Ninth Circuit holding lends support to claims that insurance may be available for suits challenging debit practices
- Hunton & Williams LLP
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- USA
- -
- January 11 2013
The U.S. Court of Appeals for the Ninth Circuit recently held that the common banking practice of sequencing the processing of large debit transactions
New York Court of Appeals permits failure-to-procure claim against broker despite policyholder's failure to read the policy
- Hunton & Williams LLP
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- USA
- -
- December 20 2012
In American Building Supply Corp. v. Petrocelli Group, Inc., No. 188, 2012 N.Y. LEXIS 3476 (N.Y. Nov. 19, 2012), New York's highest court, the New York Court of Appeals, held that an insurance broker could be held liable for a failure to procure adequate insurance coverage even though the policyholder failed to read the policy to confirm that the coverage sought had been properly procured
Second Circuit finds crime insurance policy's overt felonious act requirement to be ambiguous
- Hunton & Williams LLP
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- USA
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- December 11 2012
The U.S. Court of Appeals for the Second Circuit, in VAM Check Cashing Corp. v. Federal Insurance Company, No. 11-2644-cv, (2d Cir. Nov. 7, 2012), found the “overt felonious act” requirement in a crime insurance policy to be ambiguous
Supreme Court of Kentucky finds anti-assignment clause unenforceable
- Hunton & Williams LLP
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- USA
- -
- November 15 2012
The Supreme Court of Kentucky held that an anti-assignment provision in a builder’s risk insurance policy is not enforceable where the claimed loss occurs before the assignment
Pennsylvania federal court finds liability policy's pollution exclusion not a bar to coverage for damages resulting from a petroleum asphalt spill
- Hunton & Williams LLP
- -
- USA
- -
- September 27 2012
In Travelers Indemnity Company v. MTS Transport, LLC, No. 11-01567, 2012 U.S. Dist. LEXIS 127847 (W.D. Pa. Sept. 7, 2012), a federal court held that a pollution exclusion in an excess liability insurance policy was ambiguous and, therefore, did not bar a defense for claims arising out of a petroleum asphalt spill
Policyholder challenges Henkel's ruling on enforceability of anti-assignment clause
- Hunton & Williams LLP
- -
- USA
- -
- September 11 2012
In a ruling likely to be reviewed by California’s Supreme Court, a state appeals court rejected a policyholder’s argument that Henkel Corp. v. Hartford Accident & Indemnity Co., 29 Cal.4th 934 (2003) was contrary to California Insurance Code Section 520, which provides that consent-to-assignment clauses are invalid
Israeli court upholds DPA’s authority to issue market instructions
- Hunton & Williams LLP
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- Israel
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- September 7 2012
In a detailed, 27-page decision (Admin. App. 24867-02-11 IDI Insurance v. Database Registrar), the Tel Aviv District Court recently upheld the validity of an instruction issued by the data protection regulator restricting financial institutions from using information about a third party’s attachment of their client’s account for the financial institution’s own purposes
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