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Chinese drywall first bellwether trial ongoing
- Edwards Wildman Palmer LLP
- -
- USA
- -
- March 9 2010
The first federal trial in the nationwide Chinese drywall controversy began on February 19th, 2010 in New Orleans and is ongoing
Oklahoma federal court holds claim for misrepresentations in home sale not covered by homeowners’ liability policy
- Edwards Wildman Palmer LLP
- -
- USA
- -
- January 6 2010
The United States District Court for Oklahoma recently ruled that homeowners’ liability policies (primary and excess) did not cover a homebuyer’s lawsuit against the insured sellers for misrepresenting the condition of the home’s fireplaces
California court refuses to extend coverage for fire intentionally set by child under homeowner’s policy
- Edwards Wildman Palmer LLP
- -
- USA
- -
- January 27 2010
Recently, a California Appeals Court denied coverage under a homeowner's policy for damages caused by a fire intentionally set by the insureds' son
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
Federal court rules no coverage for Chinese drywall damages under homeowner’s policy
- Edwards Wildman Palmer LLP
- -
- USA
- -
- June 7 2010
On June 3, 2010 Judge Robert G. Doumar of the U.S. District Court for the Eastern District of Virginia found that a homeowner’s policy did not cover damages associated with Chinese manufactured drywall
Eleventh Circuit upholds that D&O policy does not provide coverage for claims arising out of property damage under Florida law
- Edwards Wildman Palmer LLP
- -
- USA
- -
- June 22 2010
In an unpublished opinion, the Eleventh Circuit recently affirmed the trial court's decision that a D&O policy does not provide coverage for third-party property damage claims
Massachusetts court reaffirms general liability insurers’ broad duty to defend
- Edwards Wildman Palmer LLP
- -
- USA
- -
- June 22 2010
The Massachusetts Appeals Court recently reaffirmed that jurisdiction's broad understanding of a general liability carrier's duty to defend, holding that an insurer had a duty to defend against a claim of trespass first asserted after the expiration of its policy period
West Virginia Human Rights Act prohibits discrimination by insurer in the settlement of property claim
- Edwards Wildman Palmer LLP
- -
- USA
- -
- July 12 2010
In a recent decision, the Supreme Court of Appeals of West Virginia concluded that the West Virginia Human Rights Act prohibits discrimination by an insurer in the settlement of a property claim
Connecticut district court grants summary judgment to insurer on bad faith claim
- Edwards Wildman Palmer LLP
- -
- USA
- -
- December 28 2010
The United States District Court for the District of Connecticut recently granted a property insurer's motion for summary judgment on a claim that the insurer acted in bad faith when it denied coverage to its insured for damage to the basement walls in the insured's home
Massachusetts Supreme Judicial Court defines contours of statute regulating indemnification (but not insurance provisions) in lease agreements
- Edwards Wildman Palmer LLP
- -
- USA
- -
- May 18 2010
The Massachusetts Supreme Judicial Court recently held that G.L. c. 186 15, which makes void any indemnification agreement or provision whereby a tenant is obligated to indemnify a landlord, in whole or in part, for the landlord’s own negligence, does not apply to insurance provisions in the lease agreement
Current Search
- Workarea - Litigation
- Workarea - Insurance & Reinsurance
- Workarea - Commercial Property
- Jurisdiction - USA
- Author - Jeanne Kohler