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Federal court denies insured’s motion to vacate arbitration award: finds that reinsurer was not indispensable party to dispute, arbitrators had authority to award attorneys’ fees, and manifest disregard of the law is no longer viable
- Edwards Wildman Palmer LLP
- -
- USA
- -
- September 28 2010
Plaintiffs sued their insurer, Northbrook Indemnity Company, which removed the case to federal court and moved to compel arbitration
Wisconsin court: “negligent misrepresentation” claims by molestation victims against archdiocese are not covered under CGL policy
- Edwards Wildman Palmer LLP
- -
- USA
- -
- December 28 2010
The Wisconsin Court of Appeals recently ruled that "negligent misrepresentation" claims against the Archdiocese of Milwaukee arising from alleged molestation by priests are not covered under the Archdiocese's CGL policy
Fifth Circuit compels arbitration, holding that parties clearly intended arbitrator to decide issues of arbitrability
- Edwards Wildman Palmer LLP
- -
- USA
- -
- October 22 2010
Plaintiffs purchased disability insurance from First American National, which later became known as defendant Regions Bank ("Regions"
Court upholds insurer’s decision to deny benefits to smoker’s widow
- Edwards Wildman Palmer LLP
- -
- USA
- -
- October 26 2010
In Jackson v. Farmers New World Life Ins. Co., the United States District Court for the Eastern District of Oklahoma ruled that the insurer did not act in bad faith or breach its contractual duty when it rescinded a $150,000 non-smokers life insurance policy after discovering that the insured was, in fact, a smoker
Judge allows healthcare reform challenge to move forward
- Edwards Wildman Palmer LLP
- -
- USA
- -
- October 25 2010
On October 14, a federal judge declined to dismiss two of the six claims in a healthcare reform lawsuit filed by 20 states
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
New York appeals court dismisses suit against MBIA Inc. over bond insurer’s financial restructuring
- Edwards Wildman Palmer LLP
- -
- USA
- -
- January 25 2011
A New York appeals court recently dismissed one of two lawsuits filed against MBIA Inc. (“MBIA”) by more than a dozen major financial institutions concerning the bond insurer’s financial restructuring
Ninth Circuit finds that parties agreed to apply the arbitrator disclosure and vacatur standards of the California Arbitration Act, not the FAA
- Edwards Wildman Palmer LLP
- -
- USA
- -
- October 22 2010
In Johnson v. Gruma Corp., No. 08-56911 (9th Cir. 2010), the Ninth Circuit Court of Appeals applying the California Arbitration Act (“CAA”) in lieu of the Federal Arbitration Act (“FAA”) affirmed a District Court decision refusing to vacate an arbitration award on the ground that the arbitrator failed to disclose his wife’s former professional relationship with the law firm ultimately retained to represent the respondent in the arbitration
District Court dismisses subprime class action case with prejudice
- Edwards Wildman Palmer LLP
- -
- USA
- -
- October 20 2010
The U.S. District Court in Manhattan recently dismissed a securities class action brought by a proposed class of investors, alleging that the company and two of its senior officers violated Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) and SEC Rule 10b-5 by making false or materially misleading disclosures about the company’s risk management and exposure to mortgage-related securities
Federal Court calls "individual mandate" unconstitutional
- Edwards Wildman Palmer LLP
- -
- USA
- -
- December 16 2010
A Federal Court in Virginia ruled on December 13 that the provision of the Patient Protection and Affordable Care Act requiring most Americans to carry insurance or pay a fine is unconstitutional
