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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


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


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


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


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


Federal judges in Brooklyn are making it easier to pursue fraud claims against no-fault medical providers
  • Jorden Burt LLP
  • USA
  • May 8 2013

The Eastern District of New York, which includes the New York City Boroughs of Brooklyn and Queens, has been home to some of the most colorful


Civil subpoenas issued by arbitrator against out-of-state nonparties held unenforceable
  • Jorden Burt LLP
  • USA
  • April 18 2012

The Colorado Supreme Court vacated a district court’s order enforcing subpoenas issued by an arbitrator against out-of-state nonparties


Variations in unjust enrichment laws bar class certification
  • Jorden Burt LLP
  • USA
  • July 7 2010

In Tyler v Alltel Corp, the District Court for the Eastern District of Arkansas denied certification of a multistate class action asserting claims for unjust enrichment, because resolution of the case would necessitate analysis of 25 states' unjust enrichment laws


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


Bankruptcy court awards pre- and post-judgment interest on reinsurer’s claim for unpaid premium
  • Jorden Burt LLP
  • USA
  • January 31 2011

Granite Reinsurance Company won an award for unpaid premiums from Acceptance Insurance Company (in rehabilitation) in a bankruptcy adversary proceeding