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Results: 1-10 of 148

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

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • 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

Incorporation of arbitration clauses by general words

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • February 1 2010

Habas Sinai Ve Tibbi Gazlar Isthisal Endustri As ("Habas") v Sometal S.A.L. 2010 EWHC 29 (Comm) concerned an application to set aside an interim final award on jurisdiction and costs made by an arbitral tribunal by which the tribunal accepted jurisdiction to entertain a claim made by Sometal S.A.L. for breach of contract

Connecticut District Court: insurer's default judgment does not necessarily preclude litigation in subrogation action

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 12 2010

A Connecticut District Court recently held that plaintiffs, who brought a subrogation action to recover a judgment entered in their favor in an underlying legal malpractice action against their attorneys, were entitled to litigate coverage issues even though the attorneys' insurer obtained a default judgment against the attorneys in a separate coverage action

Court refuses summary judgment application on unpaid rent for unairworthy aeroplane

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • April 23 2010

The High Court has refused an application for summary judgment on a claim for unpaid rent for a leased aeroplane which was not airworthy

Plus D&O symposium: morning session I

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • February 3 2010

During a discussion on the state of securities litigation, a panel comprised of prominent securities litigators discussed trends in securities class actions and legislation that is on the horizon

Commercial Court upholds tribunal award limiting recovery under business interruption policy

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • June 16 2010

The Commercial Court has upheld an arbitration award on business interruption insurance that used a "but for" approach to causation with the effect of limiting recovery by the insured

Pennsylvania federal court dismisses bad faith claim as subsumed by breach of contract claim, but allows statutory bad faith claim

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 17 2010

Recently, a Pennsylvania federal court dismissed a bad faith claim against an insurer on the grounds that the claim was subsumed by the plaintiff's breach of contract claim in the same proceeding

High Court rules on existence of insurance policy

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • April 21 2010

In Ian Hall v (1) Newall Heating Limited; (2) AGF Insurance Limited (March 2010) unreported, the court held that Mr Hall, who is suffering from mesothelioma caused by exposure to asbestos, could not identify AGF Insurance (AGF) as being liable, pursuant to the provisions of the Third Party (Rights against Insurers) Act 1930, to satisfy a default judgment obtained against Newall Heating (Newall

Two more dismissals of Securities Act lawsuits against rating agencies

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • February 19 2010

Judge Lewis Kaplan of the U.S. District Court for the Southern District of New York granted McGraw Hill and Moody's (together, the "Ratings Agencies") motions to dismiss in both Tsereteli v. Residential Asset Securitization Trust 2006-A8 et al. and In re: IndyMac Securities Litigation - but without issuing detailed written opinions

Court of Appeal seeks guidance from Europe on an insurer's right of recovery under the Road Traffic Act 1988

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • May 26 2010

The Court of Appeal has asked for guidance from the Court of Justice of the European Union on the compatibility with Community law of a provision in the Road Traffic Act 1988 (the RTA) governing an insurer's right of recovery