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Results: 1-10 of 260

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


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


Connecticut Appellate Court holds substantial factor test remains unchanged in workers’ compensation cases
  • Locke Lord LLP
  • USA
  • January 22 2010

The Connecticut Appellate Court recently held that the "substantial factor test" for causation remains unchanged and that traditional causation rules apply to workers’ compensation cases


English Commercial Court considers the effect of sanctions on a P&I club
  • Locke Lord LLP
  • United Kingdom
  • November 10 2010

In Islamic Republic of Iran Shipping Lines v Steamship Mutual Underwriting Association (Bermuda) Limited 2010 EWHC 2661 (Comm) the Commercial Court had to assess the impact of the Financial Restrictions (Iran) Order 2009 (the Order), and a licence made under it (the Licence), on the provision of marine professional and indemnity (P&I) insurance


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.”


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


High Court provides guidance on the role of the insurance broker in relation to the duty to disclose to insurers
  • Locke Lord LLP
  • United Kingdom
  • April 23 2010

In Nicholas G Jones v (1) Environcom Limited; (2) Environcom England Limited and MS Plc 2010 EWHC 759 (Comm), the High Court ruled that an insurance broker must satisfy himself that the duty of disclosure is fully understood by the client


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