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Results: 1-10 of 1,575

Recent retaliation cases highlight new concerns for employers

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • November 13 2008

Employers are often warned about the dangers of taking adverse actions against employees who complain about harassment or discrimination

False billing claims are not covered “professional services” under general liability policies

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 29 2008

The United States Court of Appeals for the Tenth Circuit recently held that general liability insurance policies that provide coverage for injuries caused by acts or omission in providing “professional services” do not trigger a duty to defend or indemnify claims for false billing

Second Circuit determines party waived its right to arbitrate

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 13 2010

Recently, the U.S. Court of Appeals for the Second Circuit affirmed a district court’s ruling denying the motion of plaintiffs-appellants (collectively “LSED”) to compel arbitration of a dispute with Merrill Lynch, Pierce, Fenner & Smith Inc. (“MLPFS”), finding that LSED waived its right to arbitrate by litigating the case for nearly a year before filing its motion

Supreme Court to hear generic drug labeling issue

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 10 2010

On December 10, 2010, the Supreme Court agreed to hear appeals by Teva Pharmaceutical Industries Ltd., Mylan Inc.'s UDL Laboratories, and Actavis, Inc

New York appellate court: insurer not entitled to dismissal of coverage action just because underlying suit is dismissed

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • February 25 2008

A New York appellate court recently held that a coverage action was not rendered merely “academic” by the dismissal of the underlying property damage action because the insured continued to have a claim for litigation expenses incurred in defense of the underlying action

Florida state appeals court reverses jury award of bad faith damages

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • November 14 2008

A Florida appeals court recently ruled that while a state statute provides for the award of “reasonably foreseeable” damages resulting from insurer bad faith, a jury is not free to award such damages without any supporting evidence

Florida Supreme Court holds that an insured can assign its causes of action against a nonparty insurance broker and obtain a release, consistent with the court’s decision in COPE

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • November 21 2008

In Wachovia Ins. Serv., Inc. v. Toomey, No. 06-1110, 2008 WL 4379587 (Fla. Sept. 29, 2008), the Florida Supreme Court answered two interrelated, certified questions from the Eleventh Circuit

Florida Supreme Court issues revised opinion in Pozzi: claim for repair or replacement of window that was defective before installation is not covered by standard CGL policy

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 15 2008

The Florida Supreme Court recently granted rehearing and issued a revised opinion in Auto-Owners Ins. Co. v. Pozzi Window Co., No. SC06-779 (Fla. June 12, 2008), six months after issuing its original opinion

Surplus lines insurer exemption legislation passed by Florida Senate and House

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • May 4 2009

Last week, both the Florida Senate and House passed legislation, Senate Bill 1894 and House Bill 853 respectively (the "Legislation"), to exempt surplus lines insurers entirely from the provisions of Chapter 627, except where specifically stated otherwise, which contains Florida's rate and form filing statutes

New York Court of Appeals: brokers have no common-law duty to disclose incentives, but are required to do so by new regulation

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • February 25 2011

New York's highest court recently ruled insurance brokers do not have a common law duty to disclose to their customers the fact that they may have received incentive payments received from insurance companies