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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

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

A finding of contractual liability does not prevent a finding of tortious liability

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • September 24 2010

In Omega Proteins Limited v Aspen Insurance UK Ltd 2010 EWHC 220 (Comm) the High Court was asked to consider whether a judgment that an insured was liable for breach of contract prevented a court from finding tortious liability within the same cover

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

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'

Virginia court follows First Circuit’s Genzyme reasoning, rejects carrier’s bid to recoup $15mm D&O payout

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

Following the reasoning of the First Circuit in its Genzyme decision, a federal court in Virginia has granted summary judgment to an insured whose carrier had sued to recoup a $15 million settlement under a D&O policy

Third Circuit revives limited portions of in re: insurance brokerage antitrust litigation (MDL 1663)

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 18 2010

Nearly three years after a federal district court dismissed with prejudice a nationwide class action alleging antitrust and RICO claims against insurers and brokers in connection with contingent commission arrangements, the Third Circuit Court of Appeals has revived a limited swath of plaintiffs' claims

Judge orders insurer to cover R. Allen Stanford's defense costs

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

According to the Houston Chronicle, U.S. District Judge David Hittner, who is presiding over R. Allen Stanford's criminal proceeding, has ordered Lloyd's of London to pay for the criminal defense attorneys defending Mr. Stanford and two other officers of his company who were recently indicted for allegedly running a $7 billion Ponzi scheme

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

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