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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
Delaware Supreme Court: under certain circumstances, a D&O insurer may reasonably withhold its consent to settle
- Edwards Wildman Palmer LLP
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- USA
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- September 17 2009
In an August 10, 2009 decision, the Delaware Supreme Court held that under certain circumstances, a D&O insurer may reasonably withhold its consent to settle a claim
Massachusetts highest state court: pro-rata “time-on-the-risk” allocation method applies to ongoing environmental pollution occurring over multiple policy periods
- Edwards Wildman Palmer LLP
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- USA
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- August 4 2009
The Massachusetts Supreme Judicial Court recently held that where an insured "incurs covered costs as a result of ongoing environmental contamination occurring over more than one year and the insurer provided coverage for less than the full period of years in which contamination occurred," the loss should be pro rated among all the insurers on the risk during the relevant period
Court finds that New York law governs reinsurance agreement, denies insured’s statutory claim for punitive damages and penalties against reinsurer
- Edwards Wildman Palmer LLP
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- USA
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- October 6 2009
Plaintiff Callon Petroleum Company ("Callon") commenced an action against National Indemnity Company ("NICO") to recover for a judgment Callon obtained against NICO’s cedent, Frontier Insurance Company ("Frontier"
Insured bears burden of proving allocation of jury award between covered and non-covered claims unless insurer controls defense
- Edwards Wildman Palmer LLP
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- USA
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- August 4 2009
The West Virginia Supreme Court recently answered the following question certified from the U.S. District Court in that state: Does the insured bear the burden of showing that a jury awarded damages for covered, as opposed to non-covered, claims when the answer is not clear from the award itself?
New York federal court vacates prior order finding that arbitration must start anew
- Edwards Wildman Palmer LLP
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- USA
- -
- July 30 2009
In early January, www.insurereinsure.com reported on In the matter of the Petition of Ins. Co. of North America, et al. against Public Service Mut. Ins. Co., No. 08-cv-7003 (S.D.N.Y.), in which the U.S. District Court for the Southern District of New York held that an arbitration must start anew because a member of the arbitration panel resigned for health reasons prior to the rendering of an award
First Circuit: no coverage for false arrest suit where arrest and conviction occurred prior to the policy period
- Edwards Wildman Palmer LLP
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- USA
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- August 4 2009
The First Circuit recently upheld a trial court’s ruling that an insurer need not defend or indemnify the defendants in a wrongful conviction claim where the wrongful acts occurred prior to the policy period
First Circuit: no coverage under claims made and reported policy if insured fails to report claim within policy period
- Edwards Wildman Palmer LLP
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- USA
- -
- July 29 2009
The First Circuit recently held that an insured was not entitled to coverage under a Professional Liability claims made and reported policy where the claim is not both made against the insured and reported to the insurer within the policy period
Ninth Circuit Court of Appeals reverses summary judgment and holds against insurer in bad faith action related to uninsured motorist claim
- Edwards Wildman Palmer LLP
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- USA
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- August 27 2009
The Ninth Circuit Court of Appeals recently reversed an award of summary judgment that had been in favor of an insurer in a bad faith action regarding an uninsured motorist claim, and found against the insurer
Reinsurer’s motion to seal documents related to arbitration granted by Pennsylvania court
- Edwards Wildman Palmer LLP
- -
- USA
- -
- August 27 2009
Republic Western Insurance Company ("Republic") reinsured certain workers’ compensation policies issued by Reliance Insurance Company
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