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Results: 1-10 of 1,254

What duty does a primary insurer owe to an excess carrier?

  • Jorden Burt LLP
  • -
  • USA
  • -
  • February 15 2013

A primary liability carrier usually owes no duty to excess insurers, even though those insurers bear the cost of excess judgments. If the primary

Revisiting AT&T v. Concepcion: can you hear me now?

  • Jorden Burt LLP
  • -
  • USA
  • -
  • April 6 2012

Approaching the one-year anniversary of the U.S. Supreme Court’s decision in AT & T Mobility, LLC v. Concepcion, --- U.S. ---, 131 S. Ct. 1740, 179 L. Ed. 2d 742 (2011), it is noteworthy that the Court has felt it necessary to reiterate its holding, as courts have interpreted it more narrowly than was intended

TILA disclosures must be “clear and conspicuous”

  • Jorden Burt LLP
  • -
  • USA
  • -
  • September 7 2009

In Barrer v. Chase Bank USA, the Ninth Circuit recently explained that disclosures in credit card agreements must be “clear and conspicuous” to comply with the Truth in Lending Act

Unavailability of a designated arbitration forum does not provide an impossibility defense

  • Jorden Burt LLP
  • -
  • USA
  • -
  • February 13 2013

On appeal, a circuit court's denial of a motion to compel arbitration was reversed for several reasons. First, the circuit court erred by allowing

As body shops continue to attack contracted labor rates, third-party claims become an ominous new front

  • Jorden Burt LLP
  • -
  • USA
  • -
  • March 8 2013

Auto insurers control the cost of collision repairs with direct repair programs, featuring networks of repair shops that agree to discount labor

Federal court of appeal announces review standard applicable to rulings on motions to stay lawsuits pending arbitration

  • Jorden Burt LLP
  • -
  • USA
  • -
  • April 18 2010

In a case of first impression at the federal appellate level, the First Circuit, in Powershare, Inc. v. Syntel, Inc., 597 F.3d 10 (1st Cir. Mar. 1, 2010), held that the appropriate standard of review to be utilized by a District Judge when reviewing a Magistrate Judge’s disposition of a motion to stay litigation pending the completion of a parallel arbitration proceeding is the clearly erroneous standard

Seventh Circuit affirms “clear trend” against RESPA Section 8 class actions

  • Jorden Burt LLP
  • -
  • USA
  • -
  • June 4 2012

Perhaps signaling an increased unwillingness of courts to certify putative class actions premised on alleged violations of Section 8 of the Real Estate Settlement Procedures Act (RESPA), the Seventh Circuit Court of Appeals affirmed the district court’s denial of class certification where plaintiffs alleged a title insurer made illegal kickbacks to real estate attorney title agents in violation of both RESPA (12 U.S.C. 2607) and the Illinois Consumer Fraud Act

U.S. insurer and Bermuda captive reinsurer not considered alter egos

  • Jorden Burt LLP
  • -
  • Bermuda, USA
  • -
  • November 19 2012

In a dispute over a long-term care insurance contract, a court rejected the plaintiff’s allegation that five defendants “are an association of entities acting together for the purpose of providing long term care insurance under the name Ability Insurance and also act as the alter egos andor agents of each other.”

Round-up of decisions vacating or confirming arbitration awards

  • Jorden Burt LLP
  • -
  • USA
  • -
  • October 4 2012

Following is a summary of court decisions, some confirming, others vacating, arbitral awards

Fifth Circuit rules en banc that arbitration treaty trumps state insurance laws

  • Jorden Burt LLP
  • -
  • USA
  • -
  • November 21 2009

In Safety National Casualty Corporation v. Certain Underwriters At Lloyd's, London, --- F.3d ----, 2009 WL 3722727 (5th Cir. (La.)), the Fifth Circuit considered en banc the question of whether the McCarran-Ferguson Act caused Louisiana state law to “reverse-preempt” the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the Convention) or its implementing legislation (the Convention Act