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Results: 1-10 of 1,254

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


Equitable estoppel cannot compel arbitration against non-signatories where claims were based on statute and not contract
  • Jorden Burt LLP
  • USA
  • March 12 2013

In a putative class anti-trust action brought by retail grocers against wholesale grocers, a divided panel of the Eighth Circuit recently reversed


Arbitration provisions in ancillary agreements do not warrant arbitration as to issues arising out of the principal agreement
  • Jorden Burt LLP
  • USA
  • June 10 2008

In a case presenting a messy set of facts, a federal district court ordered the arbitration of certain claims, allowed litigation to proceed as to other claims, but ordered a stay of the litigation pending the outcome of the arbitration


Round-up of decisions vacating or confirming arbitration awards
  • Jorden Burt LLP
  • USA
  • October 4 2012

Following is a summary of court decisions, some confirming, others vacating, arbitral awards


British court approves transfer of reinsurance from Sompo Japan to Transfercom Ltd
  • Jorden Burt LLP
  • USA
  • April 5 2011

A justice of the UK Companies Court, Chancery Division, recently approved over the objections of policyholder Axa Corporate Solutions Assurance, a scheme under Part 7 of the UK Financial Services & Markets Act 2000 for the transfer of certain insurance business from Sompo Japan Insurance Inc


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


"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


Trends in federal privacy class-action settlements
  • Jorden Burt LLP
  • USA
  • September 8 2011

We live in an information age, where much of our personal information is stored and transferred via electronic means


McCarran-Ferguson Act does not permit state law to invalidate contractual provision for arbitration under international treaty
  • Jorden Burt LLP
  • USA
  • October 14 2008

Plaintiff Louisiana Safety Association of Timbermen - Self Insurers (“LSAT”) filed an action in federal district court in Louisiana seeking to enforce the assignment of a reinsurance contract entered into between its predecessor in interest, Safety National Casualty Corporation (“SNCC”), and SNCC’s reinsurer, Certain Underwriters at Llloyd’s, London (“Lloyd’s”


As body shops continue to attack contracted labor rates, third-party claims become an ominous new front
  • Jorden Burt LLP
  • USA
  • March 8 2013

Auto insurers control the cost of collision repairs with direct repair programs, featuring networks of repair shops that agree to discount labor