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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


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


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


Revisiting AT&T v. Concepcion: can you hear me now?
  • Jorden Burt LLP
  • USA
  • April 6 2012

Approaching the one-year anniversary of the U.S. Supreme Court’s decision in AT & T Mobility, LLC v. Concepcion, --- U.S. ---, 131 S. Ct. 1740, 179 L. Ed. 2d 742 (2011), it is noteworthy that the Court has felt it necessary to reiterate its holding, as courts have interpreted it more narrowly than was intended


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


Court of Appeal affirms vacation of arbitration award on grounds of arbitrator’s evident partiality
  • Jorden Burt LLP
  • USA
  • June 3 2013

Thomas Kinkade Company's suit against Nancy and David White was submitted to an arbitration proceeding in which, as the Sixth Circuit noted, "the


Sealing arbitration awards: contractual confidentiality obligations versus the presumption of public access
  • Jorden Burt LLP
  • USA
  • August 10 2009

Arbitration benefits the public by freeing judicial resources


Oregon shifts burden of proof in PIP class action
  • Jorden Burt LLP
  • USA
  • July 18 2011

In a class action over the widespread practice of using automated review systems to determine the reasonableness of medical claims submitted under the Personal Injury Protection (PIP) coverage of automobile policies, the Oregon Supreme Court appears to have absolved class plaintiffs from responsibility for proving essential elements of their claims


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


New York law applies to all claims in the Midland Insurance Company liquidation proceeding
  • Jorden Burt LLP
  • USA
  • March 17 2010

In this long-running legal saga surrounding the liquidation of Midland Insurance Company ("Midland"), the Superintendent of Insurance, Midland's reinsurers, and certain major policyholders stipulated to a case management order for determining the issue of whether New York substantive law controlled the interpretation of the Midland insurance policies at issue or whether the New York choice-of-law test must be conducted for each policy to determine the applicable substantive law