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Insurer’s motion to dismiss denied due to equitable tolling

USA - June 6 2013 United Guaranty sought reconsideration of its motion to dismiss, which the Court denied in part due to Plaintiffs' successful equitable tolling...

Summary judgment granted for reinsurer due to lack of privity with direct insured

USA - June 5 2013 Plaintiff Backups Plus Computer Services, LLC (Backups) owned hard drives which failed. Plaintiff GF&C Holding Company (GF&C) was a client of Backups...

If at first you don’t succeed: insurer estopped from compelling arbitration with Magellan Reinsurance

USA - June 4 2013 Withdrawing its earlier opinion on rehearing, the Texas Court of Appeals held that New Hampshire Insurance Company ("New Hampshire") is judicially...

Court of Appeal affirms vacation of arbitration award on grounds of arbitrator’s evident partiality

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...

Invalid attorneys fee provision severed and arbitration compelled

USA - May 23 2013 An arbitration provision in an employment agreement provided that the "costs and expenses of the arbitration, including the arbitrator's fees, shall...