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Results: 1-10 of 149

Eight Circuit rejects FDA preemption defense raised by generic drug manufacturers
  • Locke Lord LLP
  • USA
  • February 10 2010

On November 27, 2009, the United States Court of Appeals for the Eighth Circuit held that failure to warn claims directed at generic pharmaceutical manufacturers are not preempted by federal law


New York State Court denies motion to compel discovery of reinsurance and reserve information
  • Locke Lord LLP
  • USA
  • July 29 2010

In Mt. McKinley Ins. Co. v. Corning Inc., 2010 NY Slip Op 20235 (N.Y. Sup. Ct. June 14, 2010), an insured (“Corning”) moved to compel discovery of reinsurance and reserve information from its insurers, arguing that this information was relevant, material and necessary to its coverage claim


Federal Court Orders Party to Produce Copies of its Reinsurance Agreements Under Fed. R. Civ. P. 26
  • Locke Lord LLP
  • USA
  • July 27 2010

Plaintiff moved to compel production of defendant American Red Cross' reinsurance agreements


Supreme Court of Canada considers the meaning of 'accident' under a group policy
  • Locke Lord LLP
  • Canada
  • January 22 2010

In the case of Co-operators Life Insurance v Gibbens, 2009 SCC 59, the insured contracted herpes through unprotected sex and, as a result, developed transverse myelitis, a rare complication of herpes, which left him paralysed from the waist down


Insurers face more noise-induced hearing loss claims following Court of Appeal decision
  • Locke Lord LLP
  • United Kingdom
  • January 21 2010

Insurers may see increased exposure on employers' liability policies in 2010, particularly related to noise-related personal injuries, as the effects of the so-called textile deafness test litigation are felt in the industry


Ninth Circuit confirms arbitration award, holds that panel’s ex parte meeting with certain expert witnesses did not justify vacatur
  • Locke Lord LLP
  • USA
  • January 20 2010

Petitioner United States Life Insurance Company (“U.S. Life”) reinsured workers’ compensation policies issued by five insurers domiciled in California


District court denies motion to stay, holds that potential for unnecessary arbitration-related expenses does not constitute irreparable harm or clear hardship
  • Locke Lord LLP
  • USA
  • January 22 2010

Plaintiff B.D. Cooke & Partners Limited, as Assignee of Citizens Casualty Company of New York (in Liquidation) (“Cooke”), filed a lawsuit against defendant Certain Underwriters at Lloyd’s, London (“Underwriters”


Indiana District Court holds no underinsured motorist coverage for at fault driver
  • Locke Lord LLP
  • USA
  • January 27 2010

An Indiana District Court recently granted summary judgment in favor of an insurer that was charged with breach of the insurance contract and bad faith for denying underinsured motorist benefits to its insured who was found at fault for causing a collision


Connecticut Appellate Court affirms summary judgment holding that insurer had no duty to defend or indemnify its insured in negligence claim brought by stabbing victim
  • Locke Lord LLP
  • USA
  • January 25 2010

The Connecticut Appellate Court recently affirmed a trial court’s summary judgment holding that an insurance company had no duty to defend or indemnify its insured in a negligence action brought by a women who was stabbed twenty-four times by the insured


Connecticut Appellate Court holds substantial factor test remains unchanged in workers’ compensation cases
  • Locke Lord LLP
  • USA
  • January 22 2010

The Connecticut Appellate Court recently held that the "substantial factor test" for causation remains unchanged and that traditional causation rules apply to workers’ compensation cases