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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


Construction of termination and release agreement; claims in fraud
  • Locke Lord LLP
  • United Kingdom
  • December 30 2009

1) Cavell USA (2) Kenneth Edward Randall v (1) Seaton Insurance (2) Stonewall Insurance 2009 EWCA Civ 1363 concerned the construction of a termination and release agreement, which provided for English law and jurisdiction and, under clause 13, for a full release by Randall from "all actions, causes of action, suits, claims and demands whatsoever, whether at law or equity…save…(iii) in the case of fraud" on Randall's part


Massachusetts court reaffirms general liability insurers’ broad duty to defend
  • Locke Lord LLP
  • USA
  • June 22 2010

The Massachusetts Appeals Court recently reaffirmed that jurisdiction's broad understanding of a general liability carrier's duty to defend, holding that an insurer had a duty to defend against a claim of trespass first asserted after the expiration of its policy period


English High Court rules on application of pre-action disclosure to potential arbitration disputes
  • Locke Lord LLP
  • United Kingdom
  • October 13 2010

In Travelers Insurance Company v Countrywide Surveyors Ltd 2010 EWHC 2455 (TCC), the High Court held that it had no jurisdiction to order pre-action disclosure where the potential dispute between the parties was subject to an arbitration agreement


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'


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


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


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


ATE insurer liable to solicitors under 'no win, no fee' guarantee
  • Locke Lord LLP
  • United Kingdom
  • November 17 2010

In the recent case of Greene Wood Mclean LLP v Templeton Insurance Ltd (2010) EWHC 2679 (Comm), the Commercial Court considered whether Templeton was liable to GWM, a firm of solicitors, under an after-the-event (ATE) insurance policy


Storm rages; MRI machine dies; court finds no coverage
  • Locke Lord LLP
  • USA
  • September 9 2010

A recent coverage dispute presented a fascinating combination of two classic and thorny legal issues - what is the "proximate cause" of a loss, and what constitutes an "accident" for the purposes of insurance coverage