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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

Maine Supreme Court issues decision in Hannaford case, rules that time and effort spent mitigating harm from data theft do not constitute cognizable injury

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 21 2010

This morrning, the Maine Supreme Court issued its decision in the matter of In re Hannaford Bros. Co. Customer Data Security Breach Litigation, Docket No. Fed-09-586, on a question certified to the Court by the United States District Court for the District of Maine in a pending action of the same name (Docket No. 08-md-01954

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

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

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

  • Edwards Wildman Palmer 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

Second Circuit: distinguishing between policy definitions subject to NY Insurance Law 3420(d)(2)’s timely disclaimer requirement as an exclusion and those that are not

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 16 2010

In a decision issued on February 1, 2010, the United Stated Court of Appeals for the Second Circuit confirmed that under New York law some policy provisions, although placed outside of the policy's "Exclusions" section, may nonetheless be considered an exclusion and, therefore, subject to the timely disclaimer and denial requirement of NY Insurance Law 3420(d)(2

Federal court finds that the proper venue for a motion to confirm an arbitration award is the district in which the hearing was held, not where the award was signed

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • October 15 2010

NGC Network Asia, LLC (“NGC”) and Pacific Group International, Inc. (“PAC”) were parties to an arbitration held in New York

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

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'