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Results: 1-10 of 73

Chinese drywall Judicial Panel on Multi-District Litigation rules that matter involving North American manufactured drywall should not be transferred to Chinese Drywall MDL

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 30 2009

On December 2, 2009 the Judicial Panel on Multi-District Litigation ("JPML") ruled that an action alleging damage from North American manufactured drywall should not be transferred to the federal Chinese Drywall Multi-District Litigation ("MDL") pending in the Eastern District of Louisiana (In Re: Chinese-Manufactured Drywall Product Liability Litigation, MDL No.2047

High Court rules on avoidance and breach of warranty issues

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • December 17 2009

The claimant, AC Ward & Son Limited (AC Ward) was the owner of a warehouse in Essex, which was left unoccupied at weekends

LMX spiral claims - settlement reached

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • December 16 2009

We have previously reported here on the English Commercial Court decision in Equitas v R&Q Reinsurance (Brandywine), handed down on 11 November 2009

Federal court confirms foreign arbitration award, even though appeal of award in foreign jurisdiction was pending

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 15 2009

Plaintiff China National Chartering Corp. (“CNCC”) petitioned the U.S. District Court for the Southern District of New York to confirm an arbitration award rendered in its favor against defendant Pactrans Air & Sea, Inc. (“Pactrans”) by the China Maritime Arbitration Commission (“CMAC”

Brokers' duties

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • December 9 2009

In Dunlop Haywards (DHL) Ltd and Others v Barbon Insurance Group Ltd and Others 2009 EWHC 2900 (Comm), the claimant companies brought an action against the defendant insurance broker, in contract and in tort, for failing to exercise reasonable skill and care in obtaining the required excess insurance cover

NY appellate court affirms motion court’s dismissal of complaint seeking defense costs under directors' and officers' errors and omission policy for investigations that resulted in disgorgement of improperly acquired funds

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 2 2009

On December 1, 2009, the New York Appellate Division, First Department, unanimously affirmed Justice Marcy S. Friedman’s March 10, 2009 Decision and Order (entered March 13, 2009, Supreme Court, New York County), dismissing Millennium’s complaint as against defendant Select Insurance Company

California federal court rules that “insured v. insured” exclusion does not preclude insurer’s payments of defense costs in claim brought jointly by insureds and non-insureds

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 1 2009

The United States District Court for the Northern District of California, applying California law, has held that an “insured v. insured” clause exclusion in a D&O policy for claims asserted by an insured against an insured did not preclude the insurer from paying for the entire defense costs incurred by insured and non-insured claimants

Colorado district court denies insurer’s motion for summary judgment and finds issues of fact as to reasonableness of insurer’s denied claim for uninsured motor vehicle coverage

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 1 2009

In Eppich v. State Farm Mutual Automobile Insurance Company, No. 08-CV-01697-PAB-MEH (Sept. 30, 2009), the United States District Court for the District of Colorado held that an insurer failed to meet its burden on summary judgment of establishing that an accident caused by a motorcycle that was not "street legal" at the time it struck and injured a woman riding her bicycle on a trail fell within an uninsured motorist coverage’s exclusion for "land motor vehicles . . . designed for use mainly off public roads."

Connecticut Superior Court held that home seller’s misrepresentation regarding lead paint constituted “occurrence” and insurer had a duty to defend

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 1 2009

A Connecticut Superior Court recently awarded summary judgment against an insurer on the basis that a home seller’s misrepresentation regarding the existence of lead paint in the home constituted an "occurrence" under her insurance policy and, therefore, the insurer had a duty to defend the seller in a lawsuit alleging negligent misrepresentation and was liable for paying the stipulated judgment agreed to by the parties

Court of Appeal holds that a cause of action may arise upon inception of an insurance policy

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • November 19 2009

A cause of action in tort may accrue at the time an insurance policy was issued, and not when a claim could eventually be made under that policy, if a negligent failure led to the policy being issued