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Results: 1-10 of 134

Second Circuit: excess D&O coverage not triggered until underlying limits exhausted by actual payment

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 7 2013

On June 4, 2013, the Second Circuit Court of Appeals in Ali v. Federal Insurance Company, et al., No. 11-5000-cv, affirmed a lower court's decision

Preparing for contingent business interruption claims in the wake of Superstorm Sandy

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • April 18 2013

The sheer amount of physical damage caused by what was left of Hurricane Sandy when it made landfall in New Jersey on October 29, 2012, is difficult

Insurer entitled to avoid policy from inception under fraudulent claims clause

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • October 14 2010

In the recent case of Joseph Fielding Properties (Blackpool) Ltd v Aviva Insurance Ltd (2010) EWHC 2192 (QB) the High Court was asked to consider whether an insurer was entitled to avoid a policy from inception relying on previous fraudulent and exaggerated claims, and misrepresentations and non-disclosures made by the claimant ('JFP'

Are mutual fund investors seeking an end run around Ameriprise Financial v. Gallus?

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • November 6 2012

Investors in various mutual funds managed by Principal Financial Group filed a derivative action under Section 36(b) of the Investment Company Act of 1940 in Iowa federal court in late October, alleging that the company charged excessive fees

Appointment of arbitral tribunal by English court

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • August 12 2010

In Chalbury Mccouat International Ltd v. P.G. Foils Ltd 2010 EWHC 2050 (TCC) a dispute had arisen between Chalbury, an English company, and Foils, an Indian company, under a contract between Chalbury and Foils for the dismantling of a manufacturing plant in the Netherlands

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

Federal court orders insurer to produce reinsurance information, despite acknowledging split among courts on the issue

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • January 11 2011

Suffolk Federal Credit Union ("SFCU") brought an action against Cumis Insurance Society to recover certain losses arising under a fidelity bond

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

Court rules D&O policy’s Side-A benefits not property of bankrupt estate

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 9 2010

A Maryland bankruptcy court has declared that Side A benefits under a D&O policy are not property of the bankrupt estate, with the result that two former executives who have been accused of making illegal payments and diverting funds from their former employer to start a new venture may be able to recoup certain defense costs

Mississippi Appeals Court recognizes excess carrier’s malpractice claim against insured’s defense counsel

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 8 2012

Does an excess liability insurer have standing to bring a malpractice claim against counsel appointed by its insured’s primary carrier to defend against a lawsuit?