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Results: 1-10 of 260

Court of Appeal rules on causation issues following negligent professional advice
  • Locke Lord LLP
  • United Kingdom
  • May 24 2010

In Levicom International Holdings BV and anr v Linklaters (a firm) 2010 EWCA Civ 494, Levicom appealed against the first instance decision of Mr Justice Andrew Smith that, although Linklaters had negligently advised Levicom, Levicom had suffered no damage as a consequence because it would have proceeded in the manner that it had even if it had received non-negligent or proper advice


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.”


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'


Federal court finds that the proper venue for a motion to confirm an arbitration award is the district in which the hearing was held, not where the award was signed
  • Locke Lord LLP
  • USA
  • October 15 2010

NGC Network Asia, LLC (“NGC”) and Pacific Group International, Inc. (“PAC”) were parties to an arbitration held in New York


A Connecticut Superior Court denies insurer's motion to strike counts alleging bad faith and violations of CUTPA
  • Locke Lord LLP
  • USA
  • January 7 2010

In Vincoli v. Hartford Underwriters Ins. Co., FST-CV-09-5009591-S (Conn.Super. Sept. 24, 2009), a Connecticut Superior Court recently denied an Insurer's motion to strike counts alleging bad faith and violations of CUTPA from a complaint


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 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


U.S. Supreme Court rules that court lacks the authority to determine whether an arbitration agreement is unconscionable
  • Locke Lord LLP
  • USA
  • September 21 2010

In Rent-A-Center, West, Inc., v. Antonio Jackson, the U.S. Supreme Court addressed the issue of whether, under the Federal Arbitration Act (“FAA”), a federal court has the authority to address a party’s claim that an arbitration agreement is unconscionable, where the agreement explicitly delegates that decision to the arbitrator


Court of Appeal considers whether lack of client care letter prevents recovery of insured costs
  • Locke Lord LLP
  • United Kingdom
  • July 23 2010

In Ghadami and Ghadami v Lyon Cole Insurance Group 2010 EWCA Civ 767, the Court of Appeal considered whether the deputy judge at first instance had erred in assessing that the claimant's liability was limited to paying the excess of the insurance policy