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New York State Court denies motion to compel discovery of reinsurance and reserve information

Edwards Wildman Palmer LLP
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USA
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July 29 2010

In Mt. McKinley Ins. Co. v. Corning Inc., 2010 NY Slip Op 20235 (N.Y. Sup. Ct. June 14, 2010), an insured (“Corning”) moved to compel discovery of reinsurance and reserve information from its insurers, arguing that this information was relevant, material and necessary to its coverage claim

Federal Court Orders Party to Produce Copies of its Reinsurance Agreements Under Fed. R. Civ. P. 26

Edwards Wildman Palmer LLP
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USA
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July 27 2010

Plaintiff moved to compel production of defendant American Red Cross' reinsurance agreements

Presentation on dispute resolution clauses

Edwards Wildman Palmer LLP
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USA
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July 23 2010

Vince Vitkowsky of Edwards Angell Palmer & Dodge LLP presented on Thursday concerning Dispute Resolution Clauses in reinsurance contracts, which specifically focused on arbitration clauses

English Commercial Court considers challenge to an arbitration award

Edwards Wildman Palmer LLP
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United Kingdom
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July 23 2010

In B v A 2010 EWHC 1626 (Comm), Mr Justice Tomlinson was asked to determine a preliminary issue concerning whether the claimant (B) had a realistic prospect of challenging an arbitration award (the Award) under sections 67 and 68 of the Arbitration Act 1996 (the Act

Update from RAA Re Contracts Conference presentation on extra contractual obligations and losses in excess of policy limits

Edwards Wildman Palmer LLP
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USA
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July 23 2010

We have been tracking developments at the RAA Re Contracts Conference, which took place this week in New York, as previously reported on www

Court of Appeal considers whether lack of client care letter prevents recovery of insured costs

Edwards Wildman Palmer LLP
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United Kingdom
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July 23 2010

In Ghadami and Ghadami v Lyon Cole Insurance Group 2010 EWCA Civ 767, the Court of Appeal considered whether the deputy judge at first instance had erred in assessing that the claimant's liability was limited to paying the excess of the insurance policy

English High Court rules on purported avoidance of after-the-event insurance

Edwards Wildman Palmer LLP
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United Kingdom
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July 22 2010

In Persimmon Homes Ltd v Great Lakes Reinsurance (UK) Plc 2010 EWHC 1705 (Comm), the High Court ruled that dishonesty on the part of a claimant which has taken out after the event (ATE) insurance can amount to a material non-disclosure such that the insurer may avoid the policy

Court of Appeal rejects insurers' appeal for access to privileged documents held by the Law Society

Edwards Wildman Palmer LLP
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United Kingdom
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July 22 2010

The Court of Appeal has affirmed a High Court decision that prevents solicitors' insurers from gaining access to privileged documents held by the Law Society after an intervention in the firm

Delaware Bankruptcy Court rules that directors & officers may access eroding policy despite company’s bankruptcy

Edwards Wildman Palmer LLP
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USA
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July 22 2010

A federal judge has ruled that directors and officers of a company in bankruptcy proceedings may continue to access an eroding liability policy to cover their defense costs

ERISA litigation: an update from the ALI-ABA conference on financial and insurance litigation

Edwards Wildman Palmer LLP
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USA
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July 21 2010

ERISA litigation, once considered a dull backwater of the law, has been gaining increased interest and attention in recent years: the result of an aging population and an increasingly sophisticated and aggressive plaintiffs' bar

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