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Oklahoma federal court holds claim for misrepresentations in home sale not covered by homeowners’ liability policy

Edwards Wildman Palmer LLP
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USA
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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

Federal court rules no coverage for Chinese drywall damages under homeowner’s policy

Edwards Wildman Palmer LLP
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USA
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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

“Green” database to track and report on retrofitted buildings in New York City

Edwards Wildman Palmer LLP
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USA
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June 16 2010

The Deutsche Bank Americas Foundation is financing a database of hundreds of buildings that have been sustainably retrofitted in New York City

High Court rules that any issue covered by a tribunal's terms of reference cannot be adjudicated in a subsequent arbitration

Edwards Wildman Palmer LLP
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United Kingdom
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February 4 2010

In LIDL v Just Fitness Ltd 2010 EWHC 39 (Ch) the Court was asked to decide whether an arbitrator had jurisdiction to determine a particular issue in a dispute, which was alleged to have been addressed in a previous arbitration

Homeowners’ Defense Act approved by House committee

Edwards Wildman Palmer LLP
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USA
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May 3 2010

On April 27, 2010, the Homeowners’ Defense Act of 2009, H.R. 2555 (the "Act") was passed by the House of Representatives’ Financial Services Committee by a vote of 39-26, and will head to the House floor for a full vote, although no date has yet been set

Chinese drywall Louisiana legislature moves toward banning policy cancellations and non-renewals based upon drywall claims

Edwards Wildman Palmer LLP
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USA
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May 10 2010

A Louisiana state Senate Bill, SB 595, would ban insurers from canceling homeowners and commercial property coverage because of Chinese drywall claims

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
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USA
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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
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USA
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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

Massachusetts Supreme Judicial Court defines contours of statute regulating indemnification (but not insurance provisions) in lease agreements

Edwards Wildman Palmer LLP
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USA
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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

West Virginia Human Rights Act prohibits discrimination by insurer in the settlement of property claim

Edwards Wildman Palmer LLP
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USA
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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