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A motor carrier’s use of an owner-operator doesn’t morph it into a broker for insurance purposes (or otherwise)

Foster Pepper & Shefelman PLLC
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USA
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April 19 2013

Insurer Great West issued a policy to motor carrier COBRA Trucking which specifically excluded coverage for brokerage operations. COBRA had a contract

Vicarious liability in the context of leased and rented automobiles

Blaney McMurtry LLP
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Canada
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January 19 2012

On March 1, 2006 the amendments to the Insurance Act (“IA”), the Highway Traffic Act (“HTA”) and the Compulsory Automobile Insurance Act (“CAIA”), which reformed the rules for vicarious liability with respect to leased and rented automobiles, came into force

Inherent vice vs. peril of the seas

Borden Ladner Gervais LLP
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United Kingdom
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July 25 2012

Marine insurers (and courts) must sometimes base their decisions on how a vessel lost insured cargo at sea

The Front Comor: an end to anti-suit injunctions?

Reed Smith LLP
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European Union, Italy, United Kingdom
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December 31 2008

The Advocate General of the European Court of Justice (“ECJ”) has now delivered her opinion on a question referred to the ECJ by the House of Lords earlier this year in the case of the “Front Comor” concerning the use of anti-suit injunctions by the English Courts

Whether defendant in breach of contract by failing to secure appropriate insurance cover and to exercise reasonable skill and care in freight forwarding arrangements

Reed Smith LLP
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United Kingdom
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April 30 2010

In the case of Geofizika DD v MMB International Ltd (Greenshields Cowie & Co Ltd, Pt 20 defendant) 2010 EWCA Civ 459, the claimant was a Croatian geophysical company

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

Application of the Brussels Convention of 1910 in civil liability claims

Hogan Lovells
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Spain
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November 8 2011

An owner of a Portuguese fishing boat brought a civil liability claim against the owner of a Spanish fishing boat following a collision between the two and the sinking of the Portuguese boat

Excess of loss reinsurance - the importance of exclusive jurisdiction clauses

Norton Rose Australia
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United Kingdom
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January 9 2013

The recent English Court of Appeal decision of Amlin Corporate Member Ltd & Ors v Oriental Assurance Corporation 2012 EWCA Civ 1341 (Amlin v

Breach of arbitration agreement (2) arrest of vessel in Senegal

Reed Smith LLP
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United Kingdom
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November 30 2008

In Kallang Shipping SA Panama v AXA Assurance Senegal and in Sotrade Denizcilik Sanayi VE Tikaret AS v Amadou Lo, The Duden - Butterworths Law Direct 21.11.08 the Commercial Court considered the circumstances in which the arrest of vessels in foreign jurisdictions, prompted by overseas cargo insurers, can amount to breach of arbitration clauses incorporated into bills of lading

Court of appeal considers the effect of a novation of a contract on advance payment guarantees

Edwards Wildman Palmer LLP
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United Kingdom
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August 11 2011

In the recent decision of Meritz Fire & Marine Insurance Co Ltd v Jan De Nul Nv & Anor 2011 EWCA Civ 827, the Court of Appeal dismissed the appeal by Meritz of the earlier High Court's decision, previously reported here, that Meritz was liable under advance payment guarantees (APGs) it had issued in respect of three shipbuilding contracts (Contracts) to the respondent Buyers, despite the fact that the Contracts had been novated to a new company

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Search results

A motor carrier’s use of an owner-operator doesn’t morph it into a broker for insurance purposes (or otherwise)

Vicarious liability in the context of leased and rented automobiles

Inherent vice vs. peril of the seas

The Front Comor: an end to anti-suit injunctions?

Whether defendant in breach of contract by failing to secure appropriate insurance cover and to exercise reasonable skill and care in freight forwarding arrangements

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

Application of the Brussels Convention of 1910 in civil liability claims

Excess of loss reinsurance - the importance of exclusive jurisdiction clauses

Breach of arbitration agreement (2) arrest of vessel in Senegal

Court of appeal considers the effect of a novation of a contract on advance payment guarantees

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