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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

High Court confirms anti-suit injunction to protect an English arbitration clause

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

In AES Ust-Kamenogorsk Hydropwer Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC 2010 EWHC 722 (Comm) the High Court ruled that it had jurisdiction to grant declarations and continue an anti-suit injunction to protect an arbitration clause in a contract between two Kazakhstani companies, AES Ust-Kamenogorsk Hydropwer Plant LLP (AESUK) and Ust-Kamenogorsk Hydropower Plant JSC (JSC

Former Tyco director settles with pension fund in opt-out action

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • January 4 2010

In 2002, Tyco became embroiled in a well-publicized scandal arising out of alleged corporate looting by the company’s top management

Insurers face more noise-induced hearing loss claims following Court of Appeal decision

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

Insurers may see increased exposure on employers' liability policies in 2010, particularly related to noise-related personal injuries, as the effects of the so-called textile deafness test litigation are felt in the industry

Lloyd’s syndicates file declaratory judgment action against BP

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 1 2010

On April 20, 2010, an explosion on the Deepwater Horizon rig in the Gulf of Mexico touched off a subsurface leak in a BP oil well at the ocean's floor

High court refuses compensation for exaggerated claim

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • June 17 2010

In Farid Yeganeh v Zurich Plc and Zurich Insurance Company 2009 Folio 244, the High Court found that Zurich did not have to pay any compensation to Mr Yeganeh as he had breached a condition of his insurance policy by making fraudulent claims for property lost in a house fire

Insurer entitled to avoid policy from inception under fraudulent claims clause

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • October 14 2010

In the recent case of Joseph Fielding Properties (Blackpool) Ltd v Aviva Insurance Ltd (2010) EWHC 2192 (QB) the High Court was asked to consider whether an insurer was entitled to avoid a policy from inception relying on previous fraudulent and exaggerated claims, and misrepresentations and non-disclosures made by the claimant ('JFP'

Appointment of arbitral tribunal by English court

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • August 12 2010

In Chalbury Mccouat International Ltd v. P.G. Foils Ltd 2010 EWHC 2050 (TCC) a dispute had arisen between Chalbury, an English company, and Foils, an Indian company, under a contract between Chalbury and Foils for the dismantling of a manufacturing plant in the Netherlands

Class action procedure: the latest developments from ALI-ABA conference on insurance and financial services litigation

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

This panel offered the insights of a federal district court judge, defense counsel and plaintiffs' counsel regarding Class Action Procedure, focusing on trends regarding the class certification process