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Results: 1-10 of 125

Third Circuit holds that professional services exclusion in general liability policy applies to all allegations arising out of architect’s work and insurers had no duty to defend
  • Locke Lord LLP
  • USA
  • January 6 2010

The Court of Appeals for the Third Circuit, applying New Jersey law, recently held that all claims against an insured architectural firm arising out of the firm’s architectural work on a parking garage that later collapsed are not covered under its general liability policies due to professional services exclusions


Ninth Circuit affirms ruling that reinsurer has no duty to contribute to settlement payment where reinsured excess policy was not triggered
  • Locke Lord LLP
  • USA
  • July 2 2010

Texas Farmers Insurance Company ("Texas Farmers") issued claims-made insurance policies (transformed into occurrence-based policies through endorsement) to Kaiser Permanente, a medical facility, for the policy periods of 4999-4900, 4900-4901, and 4901-4902


Chinese drywall judicial panel on multi-district litigation rules that insurance coverage matter should not be transferred to Chinese drywall MDL proceedings
  • Locke Lord LLP
  • USA
  • December 30 2009

On December 2, 2009 the Judicial Panel on Multi-District Litigation (“JPML”) rejected efforts to transfer an insurance coverage action to the federal Chinese Drywall Multi-District Litigation (“MDL”) pending in the Eastern District of Louisiana


Massachusetts Supreme Judicial Court defines contours of statute regulating indemnification (but not insurance provisions) in lease agreements
  • Locke Lord LLP
  • USA
  • 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


Connecticut District Court: insurer's default judgment does not necessarily preclude litigation in subrogation action
  • Locke Lord LLP
  • USA
  • July 12 2010

A Connecticut District Court recently held that plaintiffs, who brought a subrogation action to recover a judgment entered in their favor in an underlying legal malpractice action against their attorneys, were entitled to litigate coverage issues even though the attorneys' insurer obtained a default judgment against the attorneys in a separate coverage action


West Virginia Human Rights Act prohibits discrimination by insurer in the settlement of property claim
  • Locke Lord LLP
  • USA
  • 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


Connecticut Attorney General wins in landmark contingent commissions case
  • Locke Lord LLP
  • USA
  • May 10 2010

In a first-of-its-kind victory for a state attorney general, the office of Connecticut Attorney General Richard Blumenthal won its case against an insurance brokerage whom the court found to have failed to disclose to consumers the contingent commissions it received from certain insurers


Federal court finds trademark infringement not “in the course of advertising”, not covered
  • Locke Lord LLP
  • USA
  • April 28 2010

A federal judge in Virginia recently held that an insurer had no duty to defend its insured in a suit alleging trademark infringement, because the alleged infringement was not committed "in the course of advertising


Indiana District Court holds no underinsured motorist coverage for at fault driver
  • Locke Lord LLP
  • USA
  • January 27 2010

An Indiana District Court recently granted summary judgment in favor of an insurer that was charged with breach of the insurance contract and bad faith for denying underinsured motorist benefits to its insured who was found at fault for causing a collision


Tenth Circuit holds demand sent to former partner of insured law firm triggered notice provision of claims made and reported policy
  • Locke Lord LLP
  • USA
  • January 27 2010

The Tenth Circuit recently held that a law firm was not entitled to coverage from its malpractice insurer because a former partner of the firm had received a demand, unbeknownst to the firm, prior to the policy period