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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
The Eleventh Circuit finds subject matter jurisdiction over “F-Cubed” plaintiffs
- Edwards Wildman Palmer LLP
- -
- USA
- -
- September 4 2009
The Eleventh Circuit Court of Appeals has found that the district court has subject matter jurisdiction over securities claims brought by “F-Cubed” plaintiffs i.e., a foreign investors who purchased shares in a foreign company on a foreign stock exchange
Seventh Circuit rules that challenge to a replacement arbitrator must be made at the time of the appointment and not at the conclusion of the arbitration
- Edwards Wildman Palmer LLP
- -
- USA
- -
- September 10 2009
In a recent decision from the United States Court of Appeals for the Seventh Circuit, WellPoint, Inc. v. John Hancock Life Ins. Co., No. 08-2283 (7th Cir. Aug. 7, 2009), the court ruled that a party seeking to challenge the appointment of a replacement arbitrator must do so at the time of the appointment or else lose its ability to make such a challenge
Eleventh Circuit affirms judgment in favor of contractor’s insurers, finding no bad faith
- Edwards Wildman Palmer LLP
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- USA
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- September 10 2009
In Fidelity & Deposit Co., et al. v. Douglas Asphalt Co., et al., No. 09-10919 (11th Cir. Jul. 28, 2009), the Eleventh Circuit affirmed the District Court’s judgment in favor of the insurers, who sought to recover from their insured payments made under payment and performance bonds when the insured allegedly defaulted and failed to complete a project
Federal court rules that arbitration award satisfied final adjudication requirement in intentional acts and personal profit exclusions
- Edwards Wildman Palmer LLP
- -
- USA
- -
- September 10 2009
Earlier this summer, the U.S. District Court for the Central District of California, Western Division held that an arbitrator's determination in an underlying claim triggered the intentional acts and personal profit exclusions in both a D&O and E&O policy
Secondhand asbestos lawsuit settled after decision by Tennessee Supreme Court
- Edwards Wildman Palmer LLP
- -
- USA
- -
- September 16 2009
As previously discussed here, and here, the estate of Amanda Satterfield brought suit against Alcoa for her death from mesothelioma at the age of 25
Court gives preliminary approval to Merrill Lynch's settlement of a subprime-related securities class action
- Edwards Wildman Palmer LLP
- -
- USA
- -
- September 17 2009
As previously reported on August 8, 2007, a jury convicted ex-Brocade CEO Greg Reyes for violating federal securities laws by failing to properly account for backdated options
Delaware Supreme Court: under certain circumstances, a D&O insurer may reasonably withhold its consent to settle
- Edwards Wildman Palmer LLP
- -
- USA
- -
- 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
Surprise decision of the Scottish Outer House of the Court of Session casts doubt on ability of insurers to obtain sanction for solvent schemes of arrangement
- Edwards Wildman Palmer LLP
- -
- United Kingdom
- -
- September 15 2009
The decision in Re Scottish Lion Insurance Company Limited 2009 CSOH 127 concerned a preliminary hearing on two specific issues relating to the sanction of a solvent scheme of arrangement proposed by Scottish Lion Insurance Company Limited
Connecticut trial court awards judgment in favor of insured and rejects insurer’s theory that insured’s lack of income was motive for loss where insured had other assets
- Edwards Wildman Palmer LLP
- -
- USA
- -
- September 14 2009
A Connecticut trial court recently awarded judgment, following a bench trial, in favor of an insured who sought coverage from her insurance company for her vehicle after it was stolen and destroyed by fire
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