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Results: 1-10 of 197

Court of Appeal rules on assessment of damages for personal injury in motor accidents
  • Locke Lord LLP
  • United Kingdom
  • November 3 2010

In Clinton David Jacobs v Motor Insurance Bureau 2010 EWCA Civ 1208, the Court of Appeal held that where a person is injured by an uninsured driver and is entitled to recover from the Motor Insurers Bureau (MIB), that person is entitled to recover damages assessed according to English law, rather than the law where the accident occurred


Marine insurance - non-disclosure and seaworthiness
  • Locke Lord LLP
  • United Kingdom
  • November 3 2010

Garnat Trading & Shipping (Singapore) PTE LTD (Garnat) and Vung Tau Shipbuilding Industry Joint-Stock Company (Vung Tau) v Baominh Insurance Corporation (Baominh) 2010 EWHC 2578 (Comm), concerned the loss of a floating dock (carrying a floating workshop) which sank in the course of being towed on a voyage from Vladivostok in Russia to Vung Tau in Vietnam


Illinois federal court rules that reinsurer’s motion to vacate arbitration award is untimely under the Federal Arbitration Act
  • Locke Lord LLP
  • USA
  • November 4 2010

R&Q Reinsurance Co. v. American Motorist Ins. Co., involved a dispute arising under a series of reinsurance treaties entered into by the parties


High Court finds insurers not on risk because of non-disclosure and breach of warranty
  • Locke Lord LLP
  • United Kingdom
  • November 5 2010

In the case of Sugar Hut Group Ltd & Ors v Great Lakes Reinsurance (UK) Plc & Ors 2010 EWHC 2636 (Comm) Mr Justice Burton reaffirmed the English Court's approach to non-disclosure and breach of warranty


Federal court orders insurer to produce reinsurance information, despite acknowledging split among courts on the issue
  • Locke Lord LLP
  • USA
  • January 11 2011

Suffolk Federal Credit Union ("SFCU") brought an action against Cumis Insurance Society to recover certain losses arising under a fidelity bond


Underwriters obliged to disclose confidential documents following fraud by third party
  • Locke Lord LLP
  • United Kingdom
  • November 4 2010

Underwriters can be ordered to disclose documents related to an application against them for a third party costs order under the Senior Courts Act s


Chinese drywall - Florida federal district court finds no coverage under CGL policy
  • Locke Lord LLP
  • USA
  • January 12 2011

In Amerisure Mutual Insurance Co. v. Albanese Popkin the Oaks Development Group L.P., 2010 U.S. Dist. LEXIS 125918 (Nov. 30, 2010), Judge Kenneth A. Marra of the U.S. District Court for the Southern District of Florida ordered that the developer’s insurer has no duty to provide coverage or a defense for claims related to Chinese drywall, which were made against the developer


New York State court finds that follow the settlements doctrine does not apply
  • Locke Lord LLP
  • USA
  • August 16 2010

Recently, in American Home Assurance Co. v. American Re-Insurance Co., No. 60248506 (N.Y. Sup. Ct. May 27, 2010), the Supreme Court, New York County (Ramos, J.) granted Defendants’ (the reinsurers’) summary judgment motions, finding that Plaintiffs’(the insurers’) claims were not reasonably within the scope of or arguably covered by its underlying policies with Monsanto


Eighth Circuit rules that General Liability insurer must defend claim for lost use of personal computer under both General Liability policy and information and Network Technology Errors or Omissions Liability policy
  • Locke Lord LLP
  • USA
  • August 16 2010

In late July 2010, the Eighth Circuit Court of Appeals held that an insurer that issued a General Liability policy and an Information and Network Technology Errors or Omissions Liability policy must provide a defense to its insured under both policies for a claim that alleges the insured infected the underlying claimant's computer with a spyware program, allegedly affecting the operation of the computer


Court finds coverage excluded for shooting by security guard
  • Locke Lord LLP
  • USA
  • September 1 2010

A California Appeals Court recently held that a wrongful death action against a security guard who shot a man while on duty was excluded under an "assault and battery" exclusion, even if the security guard acted in self-defense