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Results: 1-10 of 1,254

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


Pride and prejudice: prompt notice in reinsurance claims
  • Jorden Burt LLP
  • USA
  • September 15 2011

Notice of an insurance claim triggers a number of important obligations for the insurer, such as the duty to undertake a timely investigation of the claim, provide a determination as to coverage, and in appropriate circumstances, set reserves and undertake the defense of the insured in litigation


Fee-shifting provision in arbitration clause unenforceable when certain federal statutory rights are at issue
  • Jorden Burt LLP
  • USA
  • September 26 2012

In an employment dispute, a Magistrate Judge issued a Report and Recommendation which broadly interpreted the arbitration provision in an employment agreement in favor of arbitration


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


"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


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


Court rules Nebraska arbitration law reverse-preempts the Federal Arbitration Act pursuant to the McCarran-Ferguson Act
  • Jorden Burt LLP
  • USA
  • February 4 2010

Along with an insurance policy, the parties previously entered into an administration agreement that obligated the defendant to reimburse the plaintiff for claims made under extended warranty contracts


Court refuses subject matter jurisdiction to review arbitration award, since the value of the award was less than the court’s jurisdictional amount
  • Jorden Burt LLP
  • USA
  • January 5 2009

A dispute arose between Hansen Beverage Company and DSD Distributors over a distribution agreement


Florida Appeals Court finds mediation statute does not preclude appraisal under property policy
  • Jorden Burt LLP
  • USA
  • June 4 2012

Interpreting section 627.7015 of the Florida Statutes, which requires that disputes about first party property insurance claims be subjected to mediation before any other dispute procedure, the Florida Appellate Court reversed a lower court decision that denied State Farm’s motion to compel appraisal under a property insurance policy


Motion to compel arbitration granted based upon arbitration provision incorporated into contract by reference
  • Jorden Burt LLP
  • USA
  • December 18 2008

Before a Federal Magistrate Judge, subcontractor Ratliff, Inc. (defendant and counter claimant) moved to compel arbitration under a provision of the prime contract that was incorporated by reference into the subcontract between plaintiff and defendant