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Results: 1-10 of 125

First Circuit: no coverage under claims made and reported policy if insured fails to report claim within policy period
  • Locke Lord LLP
  • USA
  • July 29 2009

The First Circuit recently held that an insured was not entitled to coverage under a Professional Liability claims made and reported policy where the claim is not both made against the insured and reported to the insurer within the policy period


D.C. Circuit remands Rule 151A to the SEC
  • Locke Lord LLP
  • USA
  • July 29 2009

This updates our January 28, 2009 posting


Ninth Circuit Court of Appeals reverses summary judgment and holds against insurer in bad faith action related to uninsured motorist claim
  • Locke Lord LLP
  • USA
  • August 27 2009

The Ninth Circuit Court of Appeals recently reversed an award of summary judgment that had been in favor of an insurer in a bad faith action regarding an uninsured motorist claim, and found against the insurer


California Supreme Court: assault committed in self-defense is not an “accident"
  • Locke Lord LLP
  • USA
  • October 29 2009

The California Supreme Court recently held that an assault and battery allegedly committed in self-defense was not an "accident" and therefore did not meet a CGL policy’s definition of a covered "occurrence."


Louisiana insureds petition the U.S. Supreme Court to review a Fifth Circuit decision vacating that portion of Katrina-related judgment that awarded penalties, damages and attorneys’ fees based on an insurer's alleged bad faith
  • Locke Lord LLP
  • USA
  • October 26 2009

On July 21, 2009, Judy and Michael Kodrin filed a petition for a writ of certiorari in the U.S. Supreme Court, asking the Supreme Court to review a Fifth Circuit decision vacating that portion of a Katrina-related judgment that awarded them penalties, damages and attorneys’ fees based on their homeowners insurer’s alleged bad faith


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


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


Ninth Circuit confirms arbitration award, holds that panel’s ex parte meeting with certain expert witnesses did not justify vacatur
  • Locke Lord LLP
  • USA
  • January 20 2010

Petitioner United States Life Insurance Company (“U.S. Life”) reinsured workers’ compensation policies issued by five insurers domiciled in California


District court denies motion to stay, holds that potential for unnecessary arbitration-related expenses does not constitute irreparable harm or clear hardship
  • Locke Lord LLP
  • USA
  • January 22 2010

Plaintiff B.D. Cooke & Partners Limited, as Assignee of Citizens Casualty Company of New York (in Liquidation) (“Cooke”), filed a lawsuit against defendant Certain Underwriters at Lloyd’s, London (“Underwriters”


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