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Results: 1-10 of 148

U.S. Supreme Court rules on class arbitration, addresses manifest disregard of the law
  • Locke Lord LLP
  • USA
  • May 12 2010

Petitioners ("Stolt-Nielsen") entered into a contract with respondent AnimalFeeds International Corporation that contained an arbitration clause


SDFL judge finds for Wachovia in unique auction rate securities suit
  • Locke Lord LLP
  • USA
  • May 18 2010

A federal judge in the United States District Court for the Southern District of Florida recently issued findings of fact and conclusions of law following a bench trial in favor of Wachovia in a suit brought by investors who were unable to liquidate certain Auction Rate Securities ("ARS") originally purchased through Wachovia


Court can deprive a successful defendant of costs following lies at trial
  • Locke Lord LLP
  • United Kingdom
  • December 21 2009

The Court of Appeal has ruled that it can be within a court's discretion to reduce a successful defendant's costs award by two thirds because of lies told during the trial


NY court: insured may recover consequential damages absent insurer bad faith
  • Locke Lord LLP
  • USA
  • December 23 2009

On December 15, 2009, New York's Appellate Division for the First Department held that an insured need not allege or prove that its insurer acted in bad faith in order to recover consequential damages stemming from the insurer's breach of the policy


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


High court refuses compensation for exaggerated claim
  • Locke Lord LLP
  • United Kingdom
  • June 17 2010

In Farid Yeganeh v Zurich Plc and Zurich Insurance Company 2009 Folio 244, the High Court found that Zurich did not have to pay any compensation to Mr Yeganeh as he had breached a condition of his insurance policy by making fraudulent claims for property lost in a house fire


Federal court in Ohio recognizes cause of action for insurer bad faith outside claim handling context
  • Locke Lord LLP
  • USA
  • June 8 2010

"Although Ohio courts have generally found independent tort liability only in cases of improper processing and handling of claims," the U.S. District Court for the Northern District of Ohio held that a claim predicated on an insurer’s failure to refund unearmed premiums can support an independent claim for bad faith


Oklahoma federal court holds claim for misrepresentations in home sale not covered by homeowners’ liability policy
  • Locke Lord LLP
  • USA
  • January 6 2010

The United States District Court for Oklahoma recently ruled that homeowners’ liability policies (primary and excess) did not cover a homebuyer’s lawsuit against the insured sellers for misrepresenting the condition of the home’s fireplaces


High Court rules on the presence of double insurance
  • Locke Lord LLP
  • United Kingdom
  • April 23 2010

In National Farmers Union Mutual Insurance Society Limited v HSBC Insurance (UK) Limited Gavin Kealey Q.C., sitting as a Deputy High Court Judge, ruled that the National Farmers Union (NFU) were not entitled to a contribution from HSBC (UK) Limited (HSBC) in relation to a payment that they had made to an insured, as this was not a case of double insurance