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: 1-10 of 182

Federal Court calls "individual mandate" unconstitutional
  • Locke Lord LLP
  • USA
  • December 16 2010

A Federal Court in Virginia ruled on December 13 that the provision of the Patient Protection and Affordable Care Act requiring most Americans to carry insurance or pay a fine is unconstitutional


Virginia court follows First Circuit’s Genzyme reasoning, rejects carrier’s bid to recoup $15mm D&O payout
  • Locke Lord LLP
  • USA
  • December 17 2010

Following the reasoning of the First Circuit in its Genzyme decision, a federal court in Virginia has granted summary judgment to an insured whose carrier had sued to recoup a $15 million settlement under a D&O policy


Eleventh Circuit upholds that D&O policy does not provide coverage for claims arising out of property damage under Florida law
  • Locke Lord LLP
  • USA
  • June 22 2010

In an unpublished opinion, the Eleventh Circuit recently affirmed the trial court's decision that a D&O policy does not provide coverage for third-party property damage claims


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


Third Circuit affirms district court’s vacatur of arbitration award, finding that the panel exceeded its powers by awarding relief not sought by either party
  • Locke Lord LLP
  • USA
  • November 18 2010

The U.S. Court of Appeals for the Third Circuit recently affirmed a District Court’s vacatur of an arbitration award because the arbitration panel exceeded its authority in ordering relief not sought by either of the parties and removing from the parties’ reinsurance agreement a material provision


ERISA litigation: an update from the ALI-ABA conference on financial and insurance litigation
  • Locke Lord LLP
  • USA
  • July 21 2010

ERISA litigation, once considered a dull backwater of the law, has been gaining increased interest and attention in recent years: the result of an aging population and an increasingly sophisticated and aggressive plaintiffs' bar


Class action procedure: the latest developments from ALI-ABA conference on insurance and financial services litigation
  • Locke Lord LLP
  • USA
  • July 19 2010

This panel offered the insights of a federal district court judge, defense counsel and plaintiffs' counsel regarding Class Action Procedure, focusing on trends regarding the class certification process


New York appeals court dismisses suit against MBIA Inc. over bond insurer’s financial restructuring
  • Locke Lord LLP
  • USA
  • January 25 2011

A New York appeals court recently dismissed one of two lawsuits filed against MBIA Inc. (“MBIA”) by more than a dozen major financial institutions concerning the bond insurer’s financial restructuring


Connecticut Supreme Court affirms summary judgment for insurer on because prior administrative proceeding for unemployment benefits constituted a related claim
  • Locke Lord LLP
  • USA
  • June 15 2010

The Connecticut Supreme Court recently affirmed summary judgment in favor of an insurance company on the basis that a wrongful termination lawsuit against an insured was related to a prior administrative action for unemployment benefits and was therefore excluded by the policy


Second Circuit: distinguishing between policy definitions subject to NY Insurance Law 3420(d)(2)’s timely disclaimer requirement as an exclusion and those that are not
  • Locke Lord LLP
  • USA
  • June 16 2010

In a decision issued on February 1, 2010, the United Stated Court of Appeals for the Second Circuit confirmed that under New York law some policy provisions, although placed outside of the policy's "Exclusions" section, may nonetheless be considered an exclusion and, therefore, subject to the timely disclaimer and denial requirement of NY Insurance Law 3420(d)(2