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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
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
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
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
Connecticut Appellate Court affirms summary judgment holding that insurer had no duty to defend or indemnify its insured in negligence claim brought by stabbing victim
- Edwards Wildman Palmer LLP
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- USA
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- January 25 2010
The Connecticut Appellate Court recently affirmed a trial court’s summary judgment holding that an insurance company had no duty to defend or indemnify its insured in a negligence action brought by a women who was stabbed twenty-four times by the insured
Lloyd’s syndicates file declaratory judgment action against BP
- Edwards Wildman Palmer LLP
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- USA
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- June 1 2010
On April 20, 2010, an explosion on the Deepwater Horizon rig in the Gulf of Mexico touched off a subsurface leak in a BP oil well at the ocean's floor
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- Workarea - Litigation
- Workarea - Insurance & Reinsurance
- Firm Name - Edwards Wildman Palmer LLP
- Author - Victoria Anderson
- Author - M Machua Millett