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Results: 1-10 of 78

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

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

New York state court decision raises issues concerning the drafting of arbitration clauses

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 20 2010

By Design, LLC terminated the employment of Oded Nachmani, who claimed he was wrongfully dismissed in violation of his employment contract and certain discrimination laws

District court finds that the Federal Arbitration Act preempts state statute barring out-of-state arbitrations

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

In Binder v. Medicine Shoppe International, Inc., No. 09-14046 (E.D.Mich. 2010), a breach of contract dispute between the plaintiff (a franchisor) and the defendant (a franchisee) arose out of a Uniform Franchise Offering Circular and subsequent License Agreement (“Agreement”

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

Federal court finds that fraud claim is not arbitrable

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

In a decision by the United States District Court for the Southern District of New York, AXA Versicherung AG v. New Hampshire Ins. Co., 05 Civ. 10180 (JSR) (S.D.N.Y. 2010), the court held that certain fraud claims were not a matter of contract interpretation and, therefore, not arbitrable under a provision in a facultative reinsurance agreement that provided for arbitration of disputes “arising out of the interpretation of this agreement.”

Reinsurer’s abstention motion denied: later-filed federal court action is held to be proper forum for multi-contract reinsurance dispute

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

Defendant, Clearwater Insurance Company, fka Skandia America Reinsurance Corporation ("Clearwater"), filed suit against Seaton Insurance Company and Stonewall Insurance Company ("Plaintiffs") in Connecticut Superior Court, arguing that there was no coverage under certain reinsurance agreements for Plaintiffs' asbestos claims

Chinese drywall - Florida federal district court finds no coverage under CGL policy

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • January 12 2011

In Amerisure Mutual Insurance Co. v. Albanese Popkin the Oaks Development Group L.P., 2010 U.S. Dist. LEXIS 125918 (Nov. 30, 2010), Judge Kenneth A. Marra of the U.S. District Court for the Southern District of Florida ordered that the developer’s insurer has no duty to provide coverage or a defense for claims related to Chinese drywall, which were made against the developer

Illinois federal court rules that reinsurer’s motion to vacate arbitration award is untimely under the Federal Arbitration Act

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

R&Q Reinsurance Co. v. American Motorist Ins. Co., involved a dispute arising under a series of reinsurance treaties entered into by the parties

U.S. Supreme Court rules that court lacks the authority to determine whether an arbitration agreement is unconscionable

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

In Rent-A-Center, West, Inc., v. Antonio Jackson, the U.S. Supreme Court addressed the issue of whether, under the Federal Arbitration Act (“FAA”), a federal court has the authority to address a party’s claim that an arbitration agreement is unconscionable, where the agreement explicitly delegates that decision to the arbitrator