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Interpretation of actual and constructive total loss under the Marine Insurance Act 1906

Edwards Wildman Palmer LLP
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United Kingdom
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February 25 2010

Masefield AG v Amlin Corporate Member Ltd 2010 EWHC 280 (Comm) concerned the interpretation of actual and constructive total loss under the Marine Insurance Act 1906

Contra Proferentem principle applies to ambiguous questions in proposal form

Edwards Wildman Palmer LLP
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United Kingdom
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October 13 2009

The High Court's decision in R&R Development Ltd v AXA Insurance UK Plc 2009 EWHC 2424 (Ch) concerned the issue of whether ambiguous questions in a proposal form for a contract of insurance could be construed by following the Contra Proferentem principle without the need for the court to decide upon the correct interpretation of the questions

Third parties may have rights of action against insurance brokers

Edwards Wildman Palmer LLP
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United Kingdom
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February 9 2010

In Mr Peter Crowson v HSBC Insurance Brokers Ltd (unreported), the Judge, in considering an application to strike out the claimant's claim, held that an individual who is not in a contractual relationship with an insurance broker may have rights of action in tort andor contract where the insurance to be arranged is also for his benefit

Court of Appeal decision demonstrates the wide applicability of the "Fairchild" exception for mesothelioma claims

Edwards Wildman Palmer LLP
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United Kingdom
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November 10 2009

In Sienkiewicz v Greif (UK) Ltd, the Court of Appeal considered the combined effect of the House of Lords' decisions in Fairchild v Glenhaven Funeral Services and Barker v Corus and section 3 of the Compensation Act 2006 on liability for mesothelioma claims

Ninth Circuit affirms ruling that reinsurer has no duty to contribute to settlement payment where reinsured excess policy was not triggered

Edwards Wildman Palmer LLP
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USA
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July 2 2010

Texas Farmers Insurance Company ("Texas Farmers") issued claims-made insurance policies (transformed into occurrence-based policies through endorsement) to Kaiser Permanente, a medical facility, for the policy periods of 4999-4900, 4900-4901, and 4901-4902

Insurers face more noise-induced hearing loss claims following Court of Appeal decision

Edwards Wildman Palmer LLP
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United Kingdom
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January 21 2010

Insurers may see increased exposure on employers' liability policies in 2010, particularly related to noise-related personal injuries, as the effects of the so-called textile deafness test litigation are felt in the industry

Trustees' duties in employee life assurance schemes

Edwards Wildman Palmer LLP
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United Kingdom
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January 7 2010

In Ms Jacqueline Power v (1) The Trustees of the Open Text (UK) Limited Group Life Assurance Scheme (2) Open Text (UK) Limited 2009 EWHC 3064 (Ch), the High Court considered whether either the trustee of an employee life assurance scheme or the employer that issued the scheme was under a duty to consider the level of cover provided under the scheme and whether the trustee was under a duty to consider whether the cover was appropriate

Third Circuit holds that professional services exclusion in general liability policy applies to all allegations arising out of architect’s work and insurers had no duty to defend

Edwards Wildman Palmer LLP
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USA
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January 6 2010

The Court of Appeals for the Third Circuit, applying New Jersey law, recently held that all claims against an insured architectural firm arising out of the firm’s architectural work on a parking garage that later collapsed are not covered under its general liability policies due to professional services exclusions

English High Court finds that Rome II applies to a motor compensation dispute

Edwards Wildman Palmer LLP
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Spain, United Kingdom
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March 4 2010

The High Court ruled, in Clinton David Jacobs v Motor Insurers' Bureau 2010 EWHC 231 (QB), that under European Union Regulation 8642007 (Rome II), Spanish law applied in the case of a UK resident seeking compensation for serious injuries sustained in Spain, at the hands of an uninsured driver, then resident in Spain

New York State Court denies motion to compel discovery of reinsurance and reserve information

Edwards Wildman Palmer LLP
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USA
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July 29 2010

In Mt. McKinley Ins. Co. v. Corning Inc., 2010 NY Slip Op 20235 (N.Y. Sup. Ct. June 14, 2010), an insured (“Corning”) moved to compel discovery of reinsurance and reserve information from its insurers, arguing that this information was relevant, material and necessary to its coverage claim

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Search results

Interpretation of actual and constructive total loss under the Marine Insurance Act 1906

Contra Proferentem principle applies to ambiguous questions in proposal form

Third parties may have rights of action against insurance brokers

Court of Appeal decision demonstrates the wide applicability of the "Fairchild" exception for mesothelioma claims

Ninth Circuit affirms ruling that reinsurer has no duty to contribute to settlement payment where reinsured excess policy was not triggered

Insurers face more noise-induced hearing loss claims following Court of Appeal decision

Trustees' duties in employee life assurance schemes

Third Circuit holds that professional services exclusion in general liability policy applies to all allegations arising out of architect’s work and insurers had no duty to defend

English High Court finds that Rome II applies to a motor compensation dispute

New York State Court denies motion to compel discovery of reinsurance and reserve information

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