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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

Massachusetts court says subrogation waiver can survive project completion

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 7 2010

In a case of first impression, the Massachusetts Appeals Court has ruled that an insured's waiver of its carrier's subrogation rights can survive the completion of a construction project

High court ruling causes headache for solicitors' professional indemnity insurers

  • Edwards Wildman Palmer 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

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

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

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

Second Circuit determines party waived its right to arbitrate

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 13 2010

Recently, the U.S. Court of Appeals for the Second Circuit affirmed a district court’s ruling denying the motion of plaintiffs-appellants (collectively “LSED”) to compel arbitration of a dispute with Merrill Lynch, Pierce, Fenner & Smith Inc. (“MLPFS”), finding that LSED waived its right to arbitrate by litigating the case for nearly a year before filing its motion

The effect of an arbitration agreement in an insurance policy

  • Edwards Wildman Palmer LLP
  • -
  • Hong Kong
  • -
  • March 30 2010

The recent High Court judgment in Rondabosh International Ltd v China Ping An Insurance (Hong Kong) Co Ltd 2009 HKEC 2103 demonstrates the effect of an arbitration agreement in an insurance policy

Insurers win at Court of First Instance in Severe Acute Respiratory Syndrome claim dispute

  • Edwards Wildman Palmer LLP
  • -
  • Hong Kong
  • -
  • May 12 2010

In World Harbourview Hotel Co. Ltd & Others v ACE Insurance & Others 2010 HKCFI 327, the High Court of the Hong Kong Special Administrative Region Court of First Instance considered a claim filed under insurance policies in respect of business interruption suffered as a result of the outbreak of Severe Acute Respiratory Syndrome (SARS) in 2003

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