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 41

NY appellate court: insurer’s disclaimer timely and proper despite lack of prejudice resulting from insured’s late notice of claim
  • Locke Lord LLP
  • USA
  • July 22 2009

On July 10, 2009, the appellate division reversed the motion court’s ruling in Sevenson Envtl. Serrvices, Inc. v. Sirius Am. Ins. Co., Case No. 0226008 (4th Dept.), and held that (1) the insured’s 15-month delay in providing notice of the claim was unreasonable as a matter of law; (2) the insurer need not prove that it was prejudiced by the insured’s untimely notice to disclaim coverage; and (3) the insurer’s disclaimer of coverage on late notice grounds 24 days after receiving notice of the claim was timely as a matter of law


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?


Louisiana Appeals Court increases trial court award to $1.3 million in statutory penalties in Katrina bad-faith case
  • Locke Lord LLP
  • USA
  • August 7 2009

A state appellate court in Louisiana recently increased a trial court’s award against an insurer in connection with a Hurricane Katrina-related bad faith claim, finding that the trial court had misinterpreted the statutory penalties available to the plaintiff


Court approves American Home Mortgage's settlement of a subprime securities class action
  • Locke Lord LLP
  • USA
  • September 18 2009

On July 30, 2009, the US District Court for the Eastern District of New York approved a $37.25 million settlement of a subprime-related securities class action styled, In re American Home Mortgage Securities Litigation


Federal court rules that arbitration award satisfied final adjudication requirement in intentional acts and personal profit exclusions
  • Locke Lord LLP
  • USA
  • September 10 2009

Earlier this summer, the U.S. District Court for the Central District of California, Western Division held that an arbitrator's determination in an underlying claim triggered the intentional acts and personal profit exclusions in both a D&O and E&O policy


Second Circuit upholds dismissal for advisor who recommended Bayou Group hedge fund
  • Locke Lord LLP
  • USA
  • July 21 2009

In a highly anticipated decision, the United States Court of Appeals for the Second Circuit affirmed last week that investment advisor Hennessee Group LLC could not be liable on the claims asserted by one of its clients for recommending that the client invest in a hedge fund that turned out to be nothing more than a Ponzi scheme perpetrated by Bayou Group LLC


Connecticut federal court awards summary judgment in favor of insurer due to insured’s failure to cooperate
  • Locke Lord LLP
  • USA
  • September 25 2009

A Connecticut district court recently awarded summary judgment in favor of an insurance company due to the insured’s failure to cooperate in the insurer’s investigation of a claim


California appellate court applies government contractor immunity defense to boilers on naval vessels in asbestos-related decision
  • Locke Lord LLP
  • USA
  • September 24 2009

Earlier this month, a California appellate court held that the government contractor immunity defense applies to a boiler manufactured to United States Navy specifications, shielding the manufacturer from a design defect claim


Connecticut Superior Court grants summary judgment for insurer in lawsuit involving uninsured motor vehicle claim and common law and statutory bad faith claims
  • Locke Lord LLP
  • USA
  • September 28 2009

An insurer represented by Edwards Angell Palmer & Dodge attorneys John Hughes and Julia Ulrich was recently granted summary judgment by the Connecticut Superior Court in a lawsuit involving a claim for uninsured motorist coverage, and also alleging common law and statutory bad faith against the insurer


New York appellate court: claims against manufacturer of ear protectors
  • Locke Lord LLP
  • USA
  • September 29 2009

Earlier this month, a New York appellate court held that claims against the manufacturer of protective devices for ears were barred by the three-year statute of limitations governing actions to recover damages for personal injury