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Results: 1-10 of 259

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

  • Locke Lord 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

District court finds that the Federal Arbitration Act preempts state statute barring out-of-state arbitrations

  • Locke Lord LLP
  • -
  • USA
  • -
  • September 14 2010

In Binder v. Medicine Shoppe International, Inc., No. 09-14046 (E.D.Mich. 2010), a breach of contract dispute between the plaintiff (a franchisor) and the defendant (a franchisee) arose out of a Uniform Franchise Offering Circular and subsequent License Agreement (“Agreement”

High Court provides clarity on time limits in arbitration clauses

  • Locke Lord LLP
  • -
  • United Kingdom
  • -
  • October 27 2010

In William McIlroy Swindon Ltd & Rannoch Investments Ltd v Quinn Insurance Ltd 2010 EWHC 2448 (TCC), the High Court was asked to consider, as a preliminary issue, when a dispute could be said to have arisen for the purposes of an arbitration clause that provided that any dispute as to the insurer's liability was to be referred to arbitration within nine months, failing which the claim would be deemed to have been abandoned

Civil Jurisdiction and Judgments Regulations 2009 (SI 20093131) will bring the new Lugano Convention into force in the UK on 1 January 2010

  • Locke Lord LLP
  • -
  • European Union, United Kingdom
  • -
  • December 21 2009

The new Lugano Convention enters into force in the European Union and Norway on 1 January 2010

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

  • Locke Lord 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

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

  • Locke Lord 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

Commercial Court considers follow the settlements clause, allocation and recoverability IBNR

  • Locke Lord LLP
  • -
  • United Kingdom
  • -
  • May 14 2010

IRB Brasil Ressegurous SA v CX Reinsurance Company Ltd 2010 EWHC 974 (Comm) concerned an appeal brought by IRB in relation to an arbitration award made in favour of CX Re and against IRB

Court of Appeal rules on causation issues following negligent professional advice

  • Locke Lord LLP
  • -
  • United Kingdom
  • -
  • May 24 2010

In Levicom International Holdings BV and anr v Linklaters (a firm) 2010 EWCA Civ 494, Levicom appealed against the first instance decision of Mr Justice Andrew Smith that, although Linklaters had negligently advised Levicom, Levicom had suffered no damage as a consequence because it would have proceeded in the manner that it had even if it had received non-negligent or proper advice

High court ruling causes headache for solicitors' professional indemnity insurers

  • Locke Lord LLP
  • -
  • United Kingdom
  • -
  • December 16 2010

Mortgage Express v Mehrban Michael Singh Sawali 2010 EWHC 3054 (Ch) concerned attempts by Mortgage Express to obtain the entire contents of a solicitor's files created in relation to the solicitor's joint retention by Mortgage Express and a number of its borrowers

Trustees' duties in employee life assurance schemes

  • Locke Lord LLP
  • -
  • United Kingdom
  • -
  • January 7 2010

In Ms Jacqueline Power v (1) The Trustees of the Open Text (UK) Limited Group Life Assurance Scheme (2) Open Text (UK) Limited 2009 EWHC 3064 (Ch), the High Court considered whether either the trustee of an employee life assurance scheme or the employer that issued the scheme was under a duty to consider the level of cover provided under the scheme and whether the trustee was under a duty to consider whether the cover was appropriate