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Results: 1-10 of 199

Pennsylvania federal court dismisses bad faith claim as subsumed by breach of contract claim, but allows statutory bad faith claim
  • Locke Lord LLP
  • USA
  • June 17 2010

Recently, a Pennsylvania federal court dismissed a bad faith claim against an insurer on the grounds that the claim was subsumed by the plaintiff's breach of contract claim in the same proceeding


Third Circuit holds that drunken shooting attempt is not an “accident” for purposes of insurance coverage
  • Locke Lord LLP
  • USA
  • June 15 2010

The Third Circuit recently held that an insured who, while intoxicated, allegedly attempted to shoot another person was not covered under his homeowner's insurance policies for the resulting liability, as the attempted shooting could not constitute an "accident."


Federal district court finds that arbitrator lacks the authority to issue pre-hearing deposition subpoena to non-party under the Federal Arbitration Act
  • Locke Lord LLP
  • USA
  • August 31 2010

Helene Tomasian, a non-party to an arbitration between Ware and C.D. Peacock, Inc., moved to quash an arbitrator’s subpoena compelling her attendance at a pre-hearing deposition


Second Circuit finds that reinsurer’s fraud claims are not arbitrable, but reverses district court’s judgment and holds that those claims are time-barred, relieving cedents of liability
  • Locke Lord LLP
  • USA
  • September 1 2010

Defendants, certain ceding companies, appealed a judgment from the U.S. District Court for the Southern District of New York holding them liable for fraudulently inducing the plaintiff reinsurer to enter into two reinsurance facilities


Nevada federal judge finds no breach of contract or bad faith where insurer ceased payment to policyholders for chiropractic services following auto accident
  • Locke Lord LLP
  • USA
  • August 30 2010

A Nevada federal judge has determined that an insurer did not breach its contract or act in bad faith when it terminated payment for chiropractic services for two policyholders injured in an automobile accident


English Court of Appeal addresses determining factors in the law applicable to a contract of reinsurance
  • Locke Lord LLP
  • United Kingdom
  • October 13 2010

We previously reported the judgment of Mr Justice Hamblen in Gard Marine & Energy Ltd v LLoyd Tunnicliffe and Ors concerning the law applicable to a contract of reinsurance


Commercial Court considers follow the settlements clause, allocation and recoverability IBNR
  • Locke Lord LLP
  • United Kingdom
  • May 14 2010

IRB Brasil Ressegurous SA v CX Reinsurance Company Ltd 2010 EWHC 974 (Comm) concerned an appeal brought by IRB in relation to an arbitration award made in favour of CX Re and against IRB


Court of Appeal rules on VAT exemption for insurance intermediaries
  • Locke Lord LLP
  • United Kingdom
  • May 28 2010

The Court of Appeal handed down its judgment in Commissioners for Her Majesty's Revenue and Customs v Insurancewide


High Court confirms operation of the anti-deprivation principle
  • Locke Lord LLP
  • United Kingdom
  • May 28 2010

In Justin Mayhew v (1) Philip King (2) Milbank Trucks Ltd (Defendants) & Chaucer Insurance plc (Third Party and Part 20 Claimant) v Towergate Stafford Knight Company Limited & Ors Sir Edward Evans-Lombe held that a term of a settlement agreement which stated that a right to an indemnity would cease if the party with the benefit of the indemnity went into administration was contrary to the anti-deprivation principle and would be struck out


Court considers the recoverability of after the event insurance premium
  • Locke Lord LLP
  • United Kingdom
  • May 25 2010

In the case of Kris Motor Spares Limited v Fox Williams LLP 2010 EWHC 1008 the High Court was asked to consider whether the successful party's after the event insurance premium was reasonable and as such could be recovered from the other side