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Results: 1-10 of 78

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

New Jersey appellate court affirms denial of coverage for attorneys' failure to disclose potential malpractice claim

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 28 2010

The Superior Court of New Jersey, Appellate Division, recently affirmed a trial court's decision to deny coverage to an attorney and his law firm who had been sued in an underlying malpractice action

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

Eighth Circuit holds that the collapse of seven stories of decorative brick veneer is not a “collapse of a part of a building”

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • January 19 2011

In Council Tower Ass’n v. Axis Specialty Ins. Co., No. 09-3900, 2011 WL 31519 (8th Cir. 2011), the Eight Circuit considered whether, under Missouri law, the falling of seven stories of a twenty-six-story exterior brick veneer was a covered “collapse” of a building

“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

Second Circuit finds that reinsurer’s fraud claims are not arbitrable, but reverses district court’s judgment and holds that those claims are time-barred, relieving cedents of liability

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

Defendants, certain ceding companies, appealed a judgment from the U.S. District Court for the Southern District of New York holding them liable for fraudulently inducing the plaintiff reinsurer to enter into two reinsurance facilities

Second Circuit finds that portion of cedent’s loss is outside the scope of the reinsurance agreement, relieving reinsurer of any obligation to follow the fortunes

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

We previously blogged about the District of Connecticut’s decision in Arrowood Surplus Lines Ins. Co. v. Westport Ins. Corp., No. 08-cv-1393 (D. Conn. 2010), in which the court held that a reinsurer had no duty to honor the portion of a cedent’s loss that was outside the scope of the reinsurance agreement at issue

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.”

Second Circuit determines party waived its right to arbitrate

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 13 2010

Recently, the U.S. Court of Appeals for the Second Circuit affirmed a district court’s ruling denying the motion of plaintiffs-appellants (collectively “LSED”) to compel arbitration of a dispute with Merrill Lynch, Pierce, Fenner & Smith Inc. (“MLPFS”), finding that LSED waived its right to arbitrate by litigating the case for nearly a year before filing its motion