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Results: 1-10 of 78

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”

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

Court finds coverage excluded for shooting by security guard

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

A California Appeals Court recently held that a wrongful death action against a security guard who shot a man while on duty was excluded under an "assault and battery" exclusion, even if the security guard acted in self-defense

Divided Kentucky Court of Appeals relaxes claims made and reported requirements when consecutive policies are issued by the same insurer

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

A divided Court of Appeals of Kentucky recently held that an insured was continually covered under two back-to-back "claims-made" insurance policies issued by the same insurer even though a claim was made against the insured during one policy period, and not reported to the insurer until fourteen months later, during the second policy period

Court finds insurers no longer required to advance defense costs for certain Stanford individuals due to money laundering exclusion

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • November 2 2010

After a preliminary injunction hearing, the United States District Court for the Southern District of Texas has determined that D&O insurers for the Stanford Financial Group and various related entities are no longer required to advance defense costs relating to criminal charges and civil litigation filed against Mark Kuhrt, Gilbert Lopez and R

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 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.”

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

Connecticut district court grants summary judgment to insurer on bad faith claim

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

The United States District Court for the District of Connecticut recently granted a property insurer's motion for summary judgment on a claim that the insurer acted in bad faith when it denied coverage to its insured for damage to the basement walls in the insured's home