We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 197

California appeals court affirms ruling that Section 28 tax does not apply to surplus lines insurers
  • Locke Lord LLP
  • USA
  • October 7 2010

On September 30, 2010, the California Court of Appeal for the Second Appellate District affirmed a superior court ruling that California Constitution Section 28 taxes do not apply to surplus lines insurers


Prudential test case relating to UK dividend taxation adjourned
  • Locke Lord LLP
  • United Kingdom
  • November 24 2010

Prudential Assurance Co Ltd & Ors v Revenue & Customs Commissioners 2010 EWHC 2811 (Ch) concerned the UK's former rules on the taxation of dividends received by insurance companies resident in the UK on shareholdings in foreign companies which were held as investments in their pension and life assurance business


Massachusetts court says subrogation waiver can survive project completion
  • Locke Lord LLP
  • USA
  • September 7 2010

In a case of first impression, the Massachusetts Appeals Court has ruled that an insured's waiver of its carrier's subrogation rights can survive the completion of a construction project


Massachusetts Appeals Court affirms dismissal of action against business owner policy by mortgagee
  • Locke Lord LLP
  • USA
  • September 8 2010

The Massachusetts Appeals Court recently affirmed the Superior Court's granting of an insurer's motion to dismiss after finding that the standard mortgage clause in a business owner's policy did not confer coverage on a mortgagee for loss of rent where the mortgagor had executed an assignment of rent in the event of default


New York State Court denies motion to compel discovery of reinsurance and reserve information
  • Locke Lord LLP
  • USA
  • 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


Application for extension of time is barred by the Court of Appeal
  • Locke Lord LLP
  • United Kingdom
  • August 5 2010

The Court of Appeal, in City & General (Holborn) Ltd v Royal Sun Alliance Plc 2010 EWCA Civ 911, was asked to consider whether the earlier decision to set aside an extension of time for service of a claim form (granted due to the claim being time-barred) was correct


Cedent contends that US Supreme Court should resolve circuit split concerning whether convention preempts state law precluding arbitration
  • Locke Lord LLP
  • USA
  • October 14 2010

In a case we have been following on www.insurereinsure.com (click here for our most recent post), the Louisiana Safety Association of Timberman-Self Insurers Fund ("LSAT") recently filed a supplemental brief petitioning the U.S. Supreme Court to grant certiorari to address whether the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "Convention") preempts a Louisiana Statute that bars enforcement of arbitration agreements in insurance or reinsurance contracts


Federal Court Orders Party to Produce Copies of its Reinsurance Agreements Under Fed. R. Civ. P. 26
  • Locke Lord LLP
  • USA
  • July 27 2010

Plaintiff moved to compel production of defendant American Red Cross' reinsurance agreements


Insurer entitled to avoid policy from inception under fraudulent claims clause
  • Locke Lord LLP
  • United Kingdom
  • October 14 2010

In the recent case of Joseph Fielding Properties (Blackpool) Ltd v Aviva Insurance Ltd (2010) EWHC 2192 (QB) the High Court was asked to consider whether an insurer was entitled to avoid a policy from inception relying on previous fraudulent and exaggerated claims, and misrepresentations and non-disclosures made by the claimant ('JFP'


Court of Appeal rules on substitution of a party after expiration of limitation
  • Locke Lord LLP
  • United Kingdom
  • August 9 2010

The Court of Appeal has had to consider the application of Civil Procedure Rule (CPR) 19.5 in the case of Lockheed Martin Corporation v Willis Group Ltd 2010 EWCA Civ 927