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

Court dismisses fraud and unjust enrichment claims in dispute over allegedly improper draw on reinsurer’s letter of credit
  • Jorden Burt LLP
  • USA
  • January 12 2012

A court dismissed reinsurer Assurecare Corp.’s counterclaim for fraud and unjust enrichment against reinsured Arrowood Indemnity Company for drawing on Assurecare’s letter of credit for the allegedly improper purpose of collecting a disputed reinsurance claim


Second Circuit affirms dismissal of lawsuit based on arbitration provisions but refuses to order sanctions
  • Jorden Burt LLP
  • USA
  • November 28 2012

Ipcon Collections sued Costco over a dispute regarding a series of agreements in which Costco agreed to sell karaoke systems on a consignment basis on behalf of Ipcon’s predecessor in interest


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


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


Court finds reinsurance brokerage contract ambiguous
  • Jorden Burt LLP
  • USA
  • October 3 2012

Homeowners Choice, Inc. entered into a brokerage relationship with Aon Benfield, whereby Aon agreed to place reinsurance for Homeowners, as the broker of record, and that Aon would receive a commission from premium written


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


Arbitration round-up
  • Jorden Burt LLP
  • USA
  • November 23 2012

Mesa Airlines, Inc. v. Air Line Pilots Association International, Case No. 2:11-cv-02106 (USDC D. Ariz. Sept. 14, 2012) - granting summary judgment upholding labor arbitration award; arbitrator’s reinstatement of airline pilot did not exceed jurisdiction by ignoring language of collective bargaining agreement, did not violate public policy, and did not exhibit bias by ignoring evidence


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


Circuit courts refuse to expand TILA remedies
  • Jorden Burt LLP
  • USA
  • December 31 2008

In two rare pieces of good news for the mortgage lending industry lately, two recent Circuit Court of Appeals decisions refused to expand the remedies available under the Truth in Lending Act (TILA


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