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Results: 11-20 of 42

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


First Circuit upholds decision to deny insurer recoupment of deductibles following class action settlement
  • Locke Lord LLP
  • USA
  • August 31 2009

The First Circuit recently affirmed the decision of the United States District Court for the District of Maine to deny American National Fire Insurance Company’s ("ANFIC") plea for recoupment of a settlement payment made by ANFIC to York County Jail


First Circuit narrows scope of attorney work product privilege
  • Locke Lord LLP
  • USA
  • August 27 2009

In a case concerning an IRS audit -- but having potentially far-reaching implications for all manner of litigation and discovery -- United States v. Textron, Inc., No. 07-2631 (1st Cir. Aug. 13, 2009), the First Circuit en banc recently held that the “attorney work product” doctrine protects only documents prepared for use in litigation


Ninth Circuit Court of Appeals reverses summary judgment and holds against insurer in bad faith action related to uninsured motorist claim
  • Locke Lord LLP
  • USA
  • August 27 2009

The Ninth Circuit Court of Appeals recently reversed an award of summary judgment that had been in favor of an insurer in a bad faith action regarding an uninsured motorist claim, and found against the insurer


Federal court orders insurer to produce information about its reinsurance agreements
  • Locke Lord LLP
  • USA
  • September 2 2009

Mechanical Dynamics & Analysis, LLC ("MD&A") performed repairs on a generator at a power plant owned by the Arizona Public Service Company ("APS"


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


Federal judge issues default against Chinese drywall manufacturer
  • Locke Lord LLP
  • USA
  • September 29 2009

A federal judge in New Orleans has defaulted a defendant, Taishan Gypsum Company, in a products liability class action lawsuit


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


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


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