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Ninth Circuit Reaffirms Excess Insurers' Duties In Settlement Situations

USA - April 3 2017 A recent decision from the Ninth Circuit Court of Appeals reaffirms that policyholders have leverage to convince excess insurance carriers that they…

Andrew Dykens, Eric A. Biderman, James M. Westerlind, Julius A. Rousseau, III.

Florida Supreme Court Rules that Incontestability Applies to Claims of Lack of Insurable Interest

USA - September 29 2016 On September 22, 2016, in a very straight forward opinion issued in response to a certified questions posed by the Eleventh Circuit Court of Appeals…

Andrew Dykens, Eric A. Biderman, James M. Westerlind, Julius A. Rousseau, III.

California companies now free to transfer insurance coverage for post-loss claims, in reversal of decade-old Henkel decision

USA - August 28 2015 Purchasers and restructurers of California companies can rest a little easier after last Thursday's landmark ruling by the California Supreme Court…

James M. Westerlind, Julius A. Rousseau, III, Michael P. McMahan, Michael S. Cryan.

US Supreme Court rules arbitrators, not courts, have competence to decide preconditions to investment arbitration

Argentina, United Kingdom, USA - March 11 2014 The United States (US) Supreme Court's recent ruling in BG Group v. Argentina generally reflects a pro-investor approach to interpreting…

Lee M. Caplan, Robert C. O'Brien, Timothy J. Feighery.

New York Court of Appeals revisits decision that insurers cannot rely on policy exclusions to escape coverage duties

USA - January 10 2014 On January 7, 2014, the Court of Appeals of New York revisited its decision in K2 Investment v. American Guarantee, 21 N.Y.3d 384 (2013). The Court's…

James M. Westerlind, Julius A. Rousseau, III, Michael S. Cryan.