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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

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

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

ATE insurance

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • May 7 2010

In Parker v Seixo 2010 EWHC 90162 (costs), which concerned the legal costs of a road traffic accident claim, the Court found that it should not consider the reasonableness of an After-The-Event insurance policy premium where the underwriter was better placed to rate the financial risk faced by the insurer and where there was no expert evidence to suggest that the ATE premium was unreasonable

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

ATE insurer liable to solicitors under 'no win, no fee' guarantee

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

In the recent case of Greene Wood Mclean LLP v Templeton Insurance Ltd (2010) EWHC 2679 (Comm), the Commercial Court considered whether Templeton was liable to GWM, a firm of solicitors, under an after-the-event (ATE) insurance policy

High Court confirms operation of the anti-deprivation principle

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

In Justin Mayhew v (1) Philip King (2) Milbank Trucks Ltd (Defendants) & Chaucer Insurance plc (Third Party and Part 20 Claimant) v Towergate Stafford Knight Company Limited & Ors Sir Edward Evans-Lombe held that a term of a settlement agreement which stated that a right to an indemnity would cease if the party with the benefit of the indemnity went into administration was contrary to the anti-deprivation principle and would be struck out

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

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

  • Edwards Wildman Palmer 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