We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 78

United States Solicitor General: the convention is not preempted by the McCarran-Ferguson Act

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 24 2010

As our readers know, we have been following the developments in Louisiana Safety Association of Timbermen Self Insured Fund v. Certain Underwriters at Lloyd’s, London, et al., No. 09 945, a case under consideration for certiorari by the U.S. Supreme Court that concerns whether Article II of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, as implemented by Chapter 2 of the Federal Arbitration Act (the “FAA”), is an “Act of Congress” subject to the anti preemption provision of the McCarran Ferguson Act, 15 U.S.C. 1011, et seq

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

Florida federal court judge sends insurer’s Chinese Drywall suit to New Orleans MDL

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • October 14 2010

On September 22, 2010, a U.S. District Court Judge in the Middle District of Florida transferred an insurer’s Chinese Drywall coverage case to the District Court in New Orleans, where Multi-District Chinese Drywall Litigation is pending

Cedent contends that US Supreme Court should resolve circuit split concerning whether convention preempts state law precluding arbitration

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • October 14 2010

In a case we have been following on www.insurereinsure.com (click here for our most recent post), the Louisiana Safety Association of Timberman-Self Insurers Fund ("LSAT") recently filed a supplemental brief petitioning the U.S. Supreme Court to grant certiorari to address whether the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "Convention") preempts a Louisiana Statute that bars enforcement of arbitration agreements in insurance or reinsurance contracts

Federal district court finds that arbitrator lacks the authority to issue pre-hearing deposition subpoena to non-party under the Federal Arbitration Act

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 31 2010

Helene Tomasian, a non-party to an arbitration between Ware and C.D. Peacock, Inc., moved to quash an arbitrator’s subpoena compelling her attendance at a pre-hearing deposition

“Bare averment” insufficient to maintain bad faith claim in New Jersey for underinsured-motorist benefits

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 30 2010

A New Jersey federal judge dismissed a bad-faith claim for underinsured-motorist benefits, finding that Plaintiff's complaint lacked necessary factual support and did not rise above the level of "bare averment."

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

Fourth Circuit rules that panel did not exceed the scope of its powers and declines to opine whether manifest disregard of the law is available after Hall Street

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 1 2010

In a recent decision by the Fourth Circuit Court of Appeals, MCI Constructors, LLC v. City of Greensboro, No. 09-1600 (4th Cir. July 1, 2010), the court held that the district court did not err in denying motions to vacate certain arbitration awards

Eighth Circuit rules that General Liability insurer must defend claim for lost use of personal computer under both General Liability policy and information and Network Technology Errors or Omissions Liability policy

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

In late July 2010, the Eighth Circuit Court of Appeals held that an insurer that issued a General Liability policy and an Information and Network Technology Errors or Omissions Liability policy must provide a defense to its insured under both policies for a claim that alleges the insured infected the underlying claimant's computer with a spyware program, allegedly affecting the operation of the computer

Third Circuit rules that follow the fortunes doctrine binds reinsurer to part, but not all, of a cedent’s post-settlement allocation

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • November 4 2010

In Travelers Casualty & Surety Co. v. Insurance Co. of North America, Nos. 06-4100, 06-4101 and 08-1032 (2010), the U.S. Court of Appeals for the Third Circuit affirmed the District Court’s decision holding that a cedent’s settlement allocation was reasonable and binding on the reinsurer, except for the portion of the allocation that was based upon annualized per-occurrence limits for multi-year policies