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Results: 1-10 of 184

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


New Hampshire Supreme Court rules that damage to the insured’s work is not a covered “occurrence”
  • Locke Lord LLP
  • USA
  • October 18 2010

Clarifying its prior decision in High Country Assocs. v. New Hampshire Ins. Co., 139 N.H. 39 (1994), the Supreme Court of New Hampshire recently held that a CGL policy’s insuring agreement does not encompass damage to the insured’s work product


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


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


Massachusetts Appeals Court holds that bad faith statute applies to captive insurers
  • Locke Lord LLP
  • USA
  • December 10 2010

The Massachusetts Appeals Court recently ruled that the state's statute governing insurance companies' claims settlement practices applies to captive insurers


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


Florida federal court judge sends insurer’s Chinese Drywall suit to New Orleans MDL
  • Locke Lord LLP
  • USA
  • October 14 2010

On September 22, 2010, a U.S. District Court Judge in the Middle District of Florida transferred an insurer’s Chinese Drywall coverage case to the District Court in New Orleans, where Multi-District Chinese Drywall Litigation is pending