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Results: 1-10 of 41

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


Fifth Circuit affirms denial of request for discovery for use in a private international arbitration proceeding pursuant to 28 U.S.C. 1782
  • Locke Lord LLP
  • USA
  • September 2 2009

In a decision filed August 6, 2009, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s denial of a request under 28 U.S.C. 1782 for discovery for use in a private international arbitration proceeding


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


Katrina: $5.5 million in damages awarded by Texas federal court to an insured under a second-layer excess insurance policy regardless of whether the underlying insurers properly paid their limits
  • Locke Lord LLP
  • USA
  • August 10 2009

On July 9, 2009, a Texas federal court awarded in excess of $5.5 million in damages to an insured under a second-layer excess insurance policy, for claims arising out of Hurricane Katrina-related damage


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


Connecticut Federal Court: multiple unfair practices in the handling of a single insurance claim do not constitute a “general business practice”
  • Locke Lord LLP
  • USA
  • August 7 2009

The United States District Court for the District of Connecticut recently granted in part an insurer’s motion to dismiss on the basis that the insured could not prove a violation of the Connecticut Unfair InsuranceTrade Practices Acts because allegations of multiple unfair practices in dealing with a single insurance claim are not sufficient to constitute a "general business practice


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


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