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Results: 1-10 of 259

Interpretation of actual and constructive total loss under the Marine Insurance Act 1906
  • Locke Lord LLP
  • United Kingdom
  • February 25 2010

Masefield AG v Amlin Corporate Member Ltd 2010 EWHC 280 (Comm) concerned the interpretation of actual and constructive total loss under the Marine Insurance Act 1906


Court denies Wells Fargo’s motion to dismiss on statute of limitations grounds
  • Locke Lord LLP
  • USA
  • June 10 2010

The United States District Court for the Northern District of California recently granted in part and denied in part motions to dismiss a class action brought by a class of purchasers of mortgage pass-through certificates


English High Court considers the application of Rome II
  • Locke Lord LLP
  • United Kingdom
  • August 12 2010

In Robert Bacon v Nacional Suiza Cia Seguros Y Reseguros SA 2010 EWHC 2017 (QB), Mr Justice Tomlinson, in a preliminary issue hearing, was asked to determine (i) the grounds why Spanish law was applicable to the Defendant's liability; and (ii) the issue of liability itself


Marine insurance - non-disclosure and seaworthiness
  • Locke Lord LLP
  • United Kingdom
  • November 3 2010

Garnat Trading & Shipping (Singapore) PTE LTD (Garnat) and Vung Tau Shipbuilding Industry Joint-Stock Company (Vung Tau) v Baominh Insurance Corporation (Baominh) 2010 EWHC 2578 (Comm), concerned the loss of a floating dock (carrying a floating workshop) which sank in the course of being towed on a voyage from Vladivostok in Russia to Vung Tau in Vietnam


High Court provides clarity on time limits in arbitration clauses
  • Locke Lord LLP
  • United Kingdom
  • October 27 2010

In William McIlroy Swindon Ltd & Rannoch Investments Ltd v Quinn Insurance Ltd 2010 EWHC 2448 (TCC), the High Court was asked to consider, as a preliminary issue, when a dispute could be said to have arisen for the purposes of an arbitration clause that provided that any dispute as to the insurer's liability was to be referred to arbitration within nine months, failing which the claim would be deemed to have been abandoned


California appeals court affirms ruling that Section 28 tax does not apply to surplus lines insurers
  • Locke Lord LLP
  • USA
  • October 7 2010

On September 30, 2010, the California Court of Appeal for the Second Appellate District affirmed a superior court ruling that California Constitution Section 28 taxes do not apply to surplus lines insurers


District court finds that the Federal Arbitration Act preempts state statute barring out-of-state arbitrations
  • Locke Lord LLP
  • USA
  • September 14 2010

In Binder v. Medicine Shoppe International, Inc., No. 09-14046 (E.D.Mich. 2010), a breach of contract dispute between the plaintiff (a franchisor) and the defendant (a franchisee) arose out of a Uniform Franchise Offering Circular and subsequent License Agreement (“Agreement”


Uncertainty as to the temporal scope of Rome II
  • Locke Lord LLP
  • United Kingdom
  • September 15 2010

In Deo Antoine Homawoo v GMF Assurance SA and others 2010 EWHC 1941 (QB) the High Court had to determine, as a preliminary issue, whether Rome II (a regime for determining the law applicable to non-contractual obligations) applied to Homawoo's claim against GMF Assurance, a French insurance company, for damages for personal injury caused to Homawoo during a road traffic accident in France


New York state court decision raises issues concerning the drafting of arbitration clauses
  • Locke Lord LLP
  • USA
  • September 20 2010

By Design, LLC terminated the employment of Oded Nachmani, who claimed he was wrongfully dismissed in violation of his employment contract and certain discrimination laws


Insurer entitled to avoid policy from inception under fraudulent claims clause
  • Locke Lord LLP
  • United Kingdom
  • October 14 2010

In the recent case of Joseph Fielding Properties (Blackpool) Ltd v Aviva Insurance Ltd (2010) EWHC 2192 (QB) the High Court was asked to consider whether an insurer was entitled to avoid a policy from inception relying on previous fraudulent and exaggerated claims, and misrepresentations and non-disclosures made by the claimant ('JFP'