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: 11-15 of 15

Magistrate enforces arbitration clause in inter-insurer dispute
  • Wiley Rein LLP
  • USA
  • March 12 2010

US Magistrate Judge P Trevor Sharp of the Middle District of North Carolina, applying federal law of arbitration to a motion to stay, has issued a recommendation that the district court stay an insurer's third-party claim against another insurer based on the arbitration clause in the defendant-insurer's policy


Evidence of oral settlement agreement reached in mediation inadmissible
  • Wiley Rein LLP
  • USA
  • August 19 2008

The Supreme Court of California has held that evidence of an oral settlement made in the course of mediation was inadmissible under California’s mediation confidentiality statutes


Insurer bound by award in arbitration of which it had notice but in which it decided not to participate
  • Wiley Rein LLP
  • USA
  • March 23 2009

The California Court of Appeal has held that an insurer that was notified of an underlying arbitration demand against its insured, an insolvent financial services firm, and was given an opportunity to participate in the arbitration was bound by the resulting award and judgment despite not having participated or having undertaken a duty to defend


First Circuit holds no coverage under E&O policy for agency's breach of exclusivity clause
  • Wiley Rein LLP
  • USA
  • July 20 2007

The United States Court of Appeals for the First Circuit, applying Massachusetts law, has held that coverage was not available under an insurance agent and broker E&O policy for an arbitration award assessed against a policyholder for its breach of an agency agreement because the claims at issue arose out of the policyholder's ordinary business decisions rather than from its exercise of professional skills


Delaware Supreme Court enforces consent to settle clause and precludes coverage
  • Wiley Rein LLP
  • USA
  • August 25 2009

The Supreme Court of Delaware, applying Missouri law, has held that an insurer acted in good faith in objecting to a settlement reached at a mediation that it did not attend pursuant to an agreement with the insured