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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
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
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
Can the right to appeal an arbitration award under the Arbitration Act 1996 be excluded?
- Edwards Wildman Palmer LLP
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- United Kingdom
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- August 18 2009
In Shell Egypt West Manzala GmbH & Others v Dana Gas Egypt Limited (formerly Centurion Petroleum Corporation) 2009 EWHC 2097 (Comm) Dana Gas Egypt Limited (Dana) submitted that the court had no jurisdiction to hear Shell's application for permission to appeal, allowed under section 69(1) of the Arbitration Act (the Act), or any substantive appeal because of the phrase "final, conclusive and binding" in the relevant arbitration clause
New York appellate court: claims against manufacturer of ear protectors
- Edwards Wildman Palmer LLP
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- USA
- -
- September 29 2009
Earlier this month, a New York appellate court held that claims against the manufacturer of protective devices for ears were barred by the three-year statute of limitations governing actions to recover damages for personal injury
Ninth Circuit Court of Appeals reverses summary judgment and holds against insurer in bad faith action related to uninsured motorist claim
- Edwards Wildman Palmer LLP
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- USA
- -
- August 27 2009
The Ninth Circuit Court of Appeals recently reversed an award of summary judgment that had been in favor of an insurer in a bad faith action regarding an uninsured motorist claim, and found against the insurer
Prohibition against contingent fee arrangement re-affirmed
- Edwards Wildman Palmer LLP
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- Hong Kong
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- August 27 2009
On 26 June 2009, a solicitor and a recovery agent were found guilty by the District Court for offering a "no win, no fee" deal to a mother seeking compensation for her son, who was severely injured in a road traffic accident
Reinsurer’s motion to seal documents related to arbitration granted by Pennsylvania court
- Edwards Wildman Palmer LLP
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- USA
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- August 27 2009
Republic Western Insurance Company ("Republic") reinsured certain workers’ compensation policies issued by Reliance Insurance Company
Connecticut Supreme Court finds automobile insurance policy language ambiguous
- Edwards Wildman Palmer LLP
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- USA
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- September 3 2009
The Connecticut Supreme Court recently reversed a judgment that had been in favor of an automobile insurer in a breach of contract action brought by glass repair companies who had been assigned the rights of the defendant’s insureds
Federal court orders insurer to produce information about its reinsurance agreements
- Edwards Wildman Palmer LLP
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- USA
- -
- September 2 2009
Mechanical Dynamics & Analysis, LLC ("MD&A") performed repairs on a generator at a power plant owned by the Arizona Public Service Company ("APS"
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- Author - Brian Green
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