We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 1,254

"Reinsurance accepted” clause interpreted to define maximum exposure, including expenses
  • Jorden Burt LLP
  • USA
  • May 5 2010

A court has found that a reinsurer's (Global Reinsurance Corporation of America) maximum exposure under a facultative certificate is $1 million dollars, inclusive of expenses


The Westphal shocker: how did a Florida court decide that a 19-year-old limit on workers’ compensation benefits is unconstitutional? Is substantive due process back?
  • Jorden Burt LLP
  • USA
  • May 4 2013

In Westphal v. City of St. Petersburg, No. 1D12-3563 (Fla. Ct. App. Feb. 28, 2013), a Florida appellate court recently ruled that a 2-year limit on


What duty does a primary insurer owe to an excess carrier?
  • Jorden Burt LLP
  • USA
  • February 15 2013

A primary liability carrier usually owes no duty to excess insurers, even though those insurers bear the cost of excess judgments. If the primary


Faber v. Metropolitan Life Insurance Company - MetLife's use of retained asset accounts is not a breach of fiduciary duty under ERISA
  • Jorden Burt LLP
  • USA
  • August 9 2011

On August 5, 2011, the Second Circuit Court of Appeals issued its much-anticipated decision in Faber v. Metropolitan Life Insurance Co ., affirming the dismissal of the plaintiff's putative class action that alleged MetLife breached its ERISA fiduciary duties by distributing ERISA-governed life insurance benefits through Retained Asset Accounts


Federal court of appeal announces review standard applicable to rulings on motions to stay lawsuits pending arbitration
  • Jorden Burt LLP
  • USA
  • April 18 2010

In a case of first impression at the federal appellate level, the First Circuit, in Powershare, Inc. v. Syntel, Inc., 597 F.3d 10 (1st Cir. Mar. 1, 2010), held that the appropriate standard of review to be utilized by a District Judge when reviewing a Magistrate Judge’s disposition of a motion to stay litigation pending the completion of a parallel arbitration proceeding is the clearly erroneous standard


Bankruptcy court dismisses fraud claims against Alphastar’s former shareholders, directors and officers
  • Jorden Burt LLP
  • USA
  • June 18 2008

AlphaStar Insurance Group Ltd. ("AlphaStar") (fka Stirling Cooke Brown Holdings Ltd) was a group of companies which provided, among other services, reinsurance brokerage and intermediary services through companies in London, Bermuda and the United States


You snooze you lose: “account stated” doctrine bars recoupment of past amounts paid under voided facultative agreement
  • Jorden Burt LLP
  • USA
  • November 29 2010

Seaton Insurance Company sued its reinsurer, Yosemite Insurance Company, for breach of contract


Court okays “bathtub” allocation method under “follow the fortunes” doctrine
  • Jorden Burt LLP
  • USA
  • September 1 2011

Lexington Insurance Company participated in a tower of coverage for Dresser Industries, a manufacturer of asbestos-containing products that was forced into bankruptcy by the multi-billion dollar exposure it faced arising from product liability litigation against it


English court holds insurance “tower” of multiple layers of excess of loss insurance incurred simultaneous liability
  • Jorden Burt LLP
  • USA
  • January 24 2012

An English court held that a professional indemnity insurance “tower” of multiple excess of loss policies incurred liability simultaneously, rather than sequentially as each policy’s limits were exhausted


Reinsurance policy requires excess carrier to pursue subrogation rights against primary carrier
  • Jorden Burt LLP
  • USA
  • March 26 2012

Excess carrier United Heritage Property and Casualty Company asserted claims for breach of duty to defend and breach of duty to indemnify in a subrogation action against primary carrier Farmers Alliance Mutual Insurance Company (“FAMI”