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Results: 1-10 of 1,254

Bankruptcy court denies reinsurers’ motion to determine debt owed to them is nondischargeable

  • Jorden Burt LLP
  • -
  • USA
  • -
  • March 5 2013

A Massachusetts bankruptcy court denied the motion for summary judgment of reinsurers Trenwick America Reinsurance Corporation and Unum Life

Seek reinsurance with care: the reinsured bears the burden of proving coverage

  • Jorden Burt LLP
  • -
  • USA
  • -
  • August 14 2012

Reiterating that Massachusetts law requires the insured to bear the burden of demonstrating that a claim falls within a policy’s affirmative grant of coverage, the First Circuit affirmed an award of summary judgment to a Canadian reinsurer in an action in diversity brought by an American insurer seeking indemnification of amounts incurred in defending its insured against asbestos-related claims

The Westphal shocker: how did a Florida court decide that a 19-year-old limit on workers’ compensation benefits is unconstitutional? Is substantive due process back?

  • Jorden Burt LLP
  • -
  • USA
  • -
  • May 4 2013

In Westphal v. City of St. Petersburg, No. 1D12-3563 (Fla. Ct. App. Feb. 28, 2013), a Florida appellate court recently ruled that a 2-year limit on

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

Fifth Circuit reverses finds arbitrator’s adverse inference protected employee’s interests

  • Jorden Burt LLP
  • -
  • USA
  • -
  • May 6 2010

In a suit arising out of alleged employment discrimination, Dillard’s Inc. appealed the district court’s decision to vacate an arbitration award to the Fifth Circuit Court of Appeals

Recent decisions in 412(i) and 419 litigation

  • Jorden Burt LLP
  • -
  • USA
  • -
  • November 21 2011

The United States District Court for the Northern District of Texas recently issued several important decisions in MDL No. 1983, a multidistrict litigation proceeding designed to address claims related to employee benefit plans created under 412(i) and 419 of the Internal Revenue Code

Equitable estoppel cannot compel arbitration against non-signatories where claims were based on statute and not contract

  • Jorden Burt LLP
  • -
  • USA
  • -
  • March 12 2013

In a putative class anti-trust action brought by retail grocers against wholesale grocers, a divided panel of the Eighth Circuit recently reversed

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

Bond insurers gain on banks in assured guaranty RMBS case, but questions remain

  • Jorden Burt LLP
  • -
  • USA
  • -
  • February 23 2013

The 2008 financial crisis included a wave of defaults on collateralized debt obligations, and some of those defaults caused enormous losses to

Civil subpoenas issued by arbitrator against out-of-state nonparties held unenforceable

  • Jorden Burt LLP
  • -
  • USA
  • -
  • April 18 2012

The Colorado Supreme Court vacated a district court’s order enforcing subpoenas issued by an arbitrator against out-of-state nonparties