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Results: 1-10 of 259

Interpretation of actual and constructive total loss under the Marine Insurance Act 1906

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • February 25 2010

Masefield AG v Amlin Corporate Member Ltd 2010 EWHC 280 (Comm) concerned the interpretation of actual and constructive total loss under the Marine Insurance Act 1906

Court denies Wells Fargo’s motion to dismiss on statute of limitations grounds

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 10 2010

The United States District Court for the Northern District of California recently granted in part and denied in part motions to dismiss a class action brought by a class of purchasers of mortgage pass-through certificates

Second Circuit: distinguishing between policy definitions subject to NY Insurance Law 3420(d)(2)’s timely disclaimer requirement as an exclusion and those that are not

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 16 2010

In a decision issued on February 1, 2010, the United Stated Court of Appeals for the Second Circuit confirmed that under New York law some policy provisions, although placed outside of the policy's "Exclusions" section, may nonetheless be considered an exclusion and, therefore, subject to the timely disclaimer and denial requirement of NY Insurance Law 3420(d)(2

Court of Appeal rules on VAT exemption for insurance intermediaries

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • May 28 2010

The Court of Appeal handed down its judgment in Commissioners for Her Majesty's Revenue and Customs v Insurancewide

Eleventh Circuit upholds that D&O policy does not provide coverage for claims arising out of property damage under Florida law

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 22 2010

In an unpublished opinion, the Eleventh Circuit recently affirmed the trial court's decision that a D&O policy does not provide coverage for third-party property damage claims

Marine insurance - non-disclosure and seaworthiness

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • November 3 2010

Garnat Trading & Shipping (Singapore) PTE LTD (Garnat) and Vung Tau Shipbuilding Industry Joint-Stock Company (Vung Tau) v Baominh Insurance Corporation (Baominh) 2010 EWHC 2578 (Comm), concerned the loss of a floating dock (carrying a floating workshop) which sank in the course of being towed on a voyage from Vladivostok in Russia to Vung Tau in Vietnam

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

Subrogation and conditional fee agreements

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • June 3 2010

In Sousa v London Borough of Waltham Forest (CC (Leeds) (John Behrens) 1212010) the court found that an insurer, having brought a subrogated claim, was entitled to recover from the defendant a success fee paid under a Conditional Fee Agreement (CFA) as part of the insurer's costs of the subrogated claim, in which the insurer had been successful

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

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • 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

High Court approves scheme of arrangement for German companies

  • Edwards Wildman Palmer LLP
  • -
  • Germany, United Kingdom
  • -
  • December 21 2010

On 14 December 2010 the English Court sanctioned four connected schemes of arrangement for German companies in the Tele Columbus group