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Ninth Circuit Court of Appeals reverses summary judgment and holds against insurer in bad faith action related to uninsured motorist claim
- Edwards Wildman Palmer LLP
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- USA
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- August 27 2009
The Ninth Circuit Court of Appeals recently reversed an award of summary judgment that had been in favor of an insurer in a bad faith action regarding an uninsured motorist claim, and found against the insurer
Prohibition against contingent fee arrangement re-affirmed
- Edwards Wildman Palmer LLP
- -
- Hong Kong
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- August 27 2009
On 26 June 2009, a solicitor and a recovery agent were found guilty by the District Court for offering a "no win, no fee" deal to a mother seeking compensation for her son, who was severely injured in a road traffic accident
Reinsurer’s motion to seal documents related to arbitration granted by Pennsylvania court
- Edwards Wildman Palmer LLP
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- USA
- -
- August 27 2009
Republic Western Insurance Company ("Republic") reinsured certain workers’ compensation policies issued by Reliance Insurance Company
Federal court orders insurer to produce information about its reinsurance agreements
- Edwards Wildman Palmer LLP
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- USA
- -
- September 2 2009
Mechanical Dynamics & Analysis, LLC ("MD&A") performed repairs on a generator at a power plant owned by the Arizona Public Service Company ("APS"
Fifth Circuit affirms denial of request for discovery for use in a private international arbitration proceeding pursuant to 28 U.S.C. 1782
- Edwards Wildman Palmer LLP
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- USA
- -
- September 2 2009
In a decision filed August 6, 2009, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s denial of a request under 28 U.S.C. 1782 for discovery for use in a private international arbitration proceeding
Connecticut Supreme Court finds automobile insurance policy language ambiguous
- Edwards Wildman Palmer LLP
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- USA
- -
- September 3 2009
The Connecticut Supreme Court recently reversed a judgment that had been in favor of an automobile insurer in a breach of contract action brought by glass repair companies who had been assigned the rights of the defendant’s insureds
The Eleventh Circuit finds subject matter jurisdiction over “F-Cubed” plaintiffs
- Edwards Wildman Palmer LLP
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- USA
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- September 4 2009
The Eleventh Circuit Court of Appeals has found that the district court has subject matter jurisdiction over securities claims brought by “F-Cubed” plaintiffs i.e., a foreign investors who purchased shares in a foreign company on a foreign stock exchange
Seventh Circuit rules that challenge to a replacement arbitrator must be made at the time of the appointment and not at the conclusion of the arbitration
- Edwards Wildman Palmer LLP
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- USA
- -
- September 10 2009
In a recent decision from the United States Court of Appeals for the Seventh Circuit, WellPoint, Inc. v. John Hancock Life Ins. Co., No. 08-2283 (7th Cir. Aug. 7, 2009), the court ruled that a party seeking to challenge the appointment of a replacement arbitrator must do so at the time of the appointment or else lose its ability to make such a challenge
Eleventh Circuit affirms judgment in favor of contractor’s insurers, finding no bad faith
- Edwards Wildman Palmer LLP
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- USA
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- September 10 2009
In Fidelity & Deposit Co., et al. v. Douglas Asphalt Co., et al., No. 09-10919 (11th Cir. Jul. 28, 2009), the Eleventh Circuit affirmed the District Court’s judgment in favor of the insurers, who sought to recover from their insured payments made under payment and performance bonds when the insured allegedly defaulted and failed to complete a project
Federal court rules that arbitration award satisfied final adjudication requirement in intentional acts and personal profit exclusions
- Edwards Wildman Palmer LLP
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- USA
- -
- September 10 2009
Earlier this summer, the U.S. District Court for the Central District of California, Western Division held that an arbitrator's determination in an underlying claim triggered the intentional acts and personal profit exclusions in both a D&O and E&O policy
