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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


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


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”


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


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


Federal court finds that fraud claim is not arbitrable
  • Locke Lord LLP
  • USA
  • August 4 2010

In a decision by the United States District Court for the Southern District of New York, AXA Versicherung AG v. New Hampshire Ins. Co., 05 Civ. 10180 (JSR) (S.D.N.Y. 2010), the court held that certain fraud claims were not a matter of contract interpretation and, therefore, not arbitrable under a provision in a facultative reinsurance agreement that provided for arbitration of disputes “arising out of the interpretation of this agreement.”


ARS derivative suits will need to overcome business judgment rule
  • Locke Lord LLP
  • USA
  • October 12 2010

In the past few months, several derivative suits against mutual fund issuers of auction rate securities (ARS) have hit the courts


California court refuses to extend coverage for fire intentionally set by child under homeowner’s policy
  • Locke Lord LLP
  • USA
  • January 27 2010

Recently, a California Appeals Court denied coverage under a homeowner's policy for damages caused by a fire intentionally set by the insureds' son


Eleventh Circuit upholds that D&O policy does not provide coverage for claims arising out of property damage under Florida law
  • Locke Lord LLP
  • USA
  • June 22 2010

In an unpublished opinion, the Eleventh Circuit recently affirmed the trial court's decision that a D&O policy does not provide coverage for third-party property damage claims


High Court considers whether advance payment guarantees issued by insurance company were performance bonds or contracts of suretyship
  • Locke Lord LLP
  • United Kingdom
  • January 19 2011

In Meritz Fire & Insurance Co Ltd v (1) Jan De Nul NV (2) Codralux SA 2010 EWHC 3362 (Comm), the High Court ruled that advance payment guarantees (APGs) issued by the claimant insurance company to the defendants, guaranteeing the repayment of payments made by the defendants under three shipbuilding contracts (the Contracts), were performance bonds or demand guarantees on which the claimant was liable without regard to the Contracts