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Massachusetts court reaffirms general liability insurers’ broad duty to defend
  • Locke Lord LLP
  • USA
  • June 22 2010

The Massachusetts Appeals Court recently reaffirmed that jurisdiction's broad understanding of a general liability carrier's duty to defend, holding that an insurer had a duty to defend against a claim of trespass first asserted after the expiration of its policy period


Circular letter regarding contract certainty issued for comment by the New York Insurance Department
  • Locke Lord LLP
  • USA
  • January 14 2010

The New York Insurance Department (the “Department”) recently issued a draft Supplement No. 1 to Circular Letter No. 20 (2008) (“CL No. 20”) regarding insurance contract certainty for propertycasualty insurance policies and reinsurance contracts


Oklahoma federal court holds claim for misrepresentations in home sale not covered by homeowners’ liability policy
  • Locke Lord LLP
  • USA
  • January 6 2010

The United States District Court for Oklahoma recently ruled that homeowners’ liability policies (primary and excess) did not cover a homebuyer’s lawsuit against the insured sellers for misrepresenting the condition of the home’s fireplaces


OGC opinion: Insurance Law 3420 also applies to policies issued in NY but delivered out of state
  • Locke Lord LLP
  • USA
  • July 30 2009

The New York Insurance Department’s (“NYID”) Office of General Counsel (“OGC”) recently issued an OGC Opinion (No. 09-06-08) representing the position of the NYID in respect of four distinct queries regarding the recent amendment to Insurance Law 3420, which we have closely followed and written about in this blog


Storm rages; MRI machine dies; court finds no coverage
  • Locke Lord LLP
  • USA
  • September 9 2010

A recent coverage dispute presented a fascinating combination of two classic and thorny legal issues - what is the "proximate cause" of a loss, and what constitutes an "accident" for the purposes of insurance coverage


U.S. lawsuits based upon foreign toxic tort liability: a growing threat?
  • Locke Lord LLP
  • USA
  • June 14 2010

In July 2009 in New Castle County in the State of Delaware, three separate plaintiffs filed civil suits against E.I. Du Pont De Nemours and Company, Inc. (“DuPont”) alleging that their work at a DuPont textile plant in Mercedes, Argentina from 1961 to 2002 caused them to be exposed to and inhale asbestos fibers


New York State court rules that reinsurers must follow cedent’s settlement and loss allocation
  • Locke Lord LLP
  • USA
  • September 13 2010

In a recent decision of the New York Supreme Court, United States Fid. & Guar. Co. v. American Re-insurance Co., Index No. 60451702 (N.Y. Sup. Ct. Aug. 20, 2010), the court granted summary judgment to a ceding company against the defendant reinsurers on causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing arising out of the cedent’s $987.4 million payment to settle certain asbestos injury claims


Multiple Peril Insurance Act stalls in house while compromise bill introduced in senate
  • Locke Lord LLP
  • USA
  • August 3 2010

Rep. Gene Taylor’s (D.-Miss.) Multiple Peril Insurance Act (H.R. 1264) failed to reach a floor vote prior to U.S. House of Representatives’ month-long recess that began this week


Federal court finds that fraud claim is not arbitrable
  • Locke Lord LLP
  • USA
  • August 4 2010

In a decision by the United States District Court for the Southern District of New York, AXA Versicherung AG v. New Hampshire Ins. Co., 05 Civ. 10180 (JSR) (S.D.N.Y. 2010), the court held that certain fraud claims were not a matter of contract interpretation and, therefore, not arbitrable under a provision in a facultative reinsurance agreement that provided for arbitration of disputes “arising out of the interpretation of this agreement.”


Presentation by Eithne McCarthy - the new Insurance Block Exemption Regulation
  • Locke Lord LLP
  • USA
  • April 22 2010

Eithne McCarthy, from the Financial Services Unit of the European Commission's Competition Directorate General (DG Comp), made a presentation on the new Insurance Block Exemption Regulation (BER) to the Law Society's Competition Section on 13 April 2010