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Results: 1-10 of 42

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


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


The Eleventh Circuit finds subject matter jurisdiction over “F-Cubed” plaintiffs
  • Locke Lord LLP
  • USA
  • September 4 2009

The Eleventh Circuit Court of Appeals has found that the district court has subject matter jurisdiction over securities claims brought by “F-Cubed” plaintiffs i.e., a foreign investors who purchased shares in a foreign company on a foreign stock exchange


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


D&O insurers seek relief from automatic stay in order to assert coverage defense counterclaims against investment firm insureds
  • Locke Lord LLP
  • USA
  • August 7 2009

Two D&O insurers have asked the U.S. Bankruptcy Court for the District of Minnesota to lift an automatic stay in a bankruptcy proceeding pending against their insureds so that the insurers can pursue their coverage defenses as counterclaims against the insureds in a pending declaratory judgment action


Secondhand asbestos lawsuit settled after decision by Tennessee Supreme Court
  • Locke Lord LLP
  • USA
  • September 16 2009

As previously discussed here, and here, the estate of Amanda Satterfield brought suit against Alcoa for her death from mesothelioma at the age of 25


Seventh Circuit rules that challenge to a replacement arbitrator must be made at the time of the appointment and not at the conclusion of the arbitration
  • Locke Lord LLP
  • USA
  • September 10 2009

In a recent decision from the United States Court of Appeals for the Seventh Circuit, WellPoint, Inc. v. John Hancock Life Ins. Co., No. 08-2283 (7th Cir. Aug. 7, 2009), the court ruled that a party seeking to challenge the appointment of a replacement arbitrator must do so at the time of the appointment or else lose its ability to make such a challenge


Connecticut trial court awards judgment in favor of insured and rejects insurer’s theory that insured’s lack of income was motive for loss where insured had other assets
  • Locke Lord LLP
  • USA
  • September 14 2009

A Connecticut trial court recently awarded judgment, following a bench trial, in favor of an insured who sought coverage from her insurance company for her vehicle after it was stolen and destroyed by fire


Eleventh Circuit affirms judgment in favor of contractor’s insurers, finding no bad faith
  • Locke Lord LLP
  • USA
  • September 10 2009

In Fidelity & Deposit Co., et al. v. Douglas Asphalt Co., et al., No. 09-10919 (11th Cir. Jul. 28, 2009), the Eleventh Circuit affirmed the District Court’s judgment in favor of the insurers, who sought to recover from their insured payments made under payment and performance bonds when the insured allegedly defaulted and failed to complete a project


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