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Results: 1-10 of 41

Trust beneficiary has standing to sue life insurance carrier to collect policy benefits
  • Locke Lord LLP
  • USA
  • September 14 2009

The United States District Court for the Eastern District of Wisconsin recently held that a beneficiary of a trust has standing to sue the life insurance carrier to collect policy benefits on an accidental death policy


Court finds that New York law governs reinsurance agreement, denies insured’s statutory claim for punitive damages and penalties against reinsurer
  • Locke Lord LLP
  • USA
  • October 6 2009

Plaintiff Callon Petroleum Company ("Callon") commenced an action against National Indemnity Company ("NICO") to recover for a judgment Callon obtained against NICO’s cedent, Frontier Insurance Company ("Frontier"


First Circuit: no coverage for false arrest suit where arrest and conviction occurred prior to the policy period
  • Locke Lord LLP
  • USA
  • August 4 2009

The First Circuit recently upheld a trial court’s ruling that an insurer need not defend or indemnify the defendants in a wrongful conviction claim where the wrongful acts occurred prior to the policy period


New York federal court vacates prior order finding that arbitration must start anew
  • Locke Lord LLP
  • USA
  • July 30 2009

In early January, www.insurereinsure.com reported on In the matter of the Petition of Ins. Co. of North America, et al. against Public Service Mut. Ins. Co., No. 08-cv-7003 (S.D.N.Y.), in which the U.S. District Court for the Southern District of New York held that an arbitration must start anew because a member of the arbitration panel resigned for health reasons prior to the rendering of an award


Insured bears burden of proving allocation of jury award between covered and non-covered claims unless insurer controls defense
  • Locke Lord LLP
  • USA
  • August 4 2009

The West Virginia Supreme Court recently answered the following question certified from the U.S. District Court in that state: Does the insured bear the burden of showing that a jury awarded damages for covered, as opposed to non-covered, claims when the answer is not clear from the award itself?


New York district court recognizes continued viability of manifest disregard of the law in the Second Circuit
  • Locke Lord LLP
  • USA
  • October 5 2009

Idea Nuova, Inc. moved in the U.S. District Court for the Southern District of New York to vacate or modify an arbitration award issued in favor of GM Licensing Group, Inc


Delaware court: right to advancement of defense costs for defamation suit can be modified based on changes in factual circumstances
  • Locke Lord LLP
  • USA
  • July 28 2009

In a short letter-to-counsel opinion, Vice Chancellor John Noble of the Delaware Chancery Court held that a prior order granting advancement to two officers and directors can be modified based on changes in factual circumstances


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

This updates our January 28, 2009 posting


Sixth Circuit: insurer that defended insured in state court action need not defend insured in subsequent related arbitration; wording of arbitration claim precludes coverage
  • Locke Lord LLP
  • USA
  • July 29 2009

Earlier this month, the Sixth Circuit affirmed a district court decision granting summary judgment to a professional liability insurer where it provided a defense in a state court action but denied coverage in a subsequent related arbitration


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