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Fish & Richardson | USA | 14 Jul 2016

District of Connecticut Declines to Exclude Survey, Finding Alleged Deficiencies Go To Weight, Not Admissibility

The District of Connecticut, in Gerber Scientific International, Inc. v. Roland DGA Corp., et al., Case No. 3:06cv2024 (Judge Covello) (June 27


Gordon Rees Scully Mansukhani | USA | 10 May 2016

Are Insurance Late Notice Provisions Toothless After Arrowood v. King?

Until 2012, an insured seeking coverage after providing late notice of a claim had the burden of proving that its insurer was not prejudiced by the


Cozen O'Connor | USA | 11 Jun 2014

Failure to file a proof of loss is fatal, and the defense does not require a showing of prejudice

On June 3, Connecticut's intermediate level appellate court held that the failure of a policyholder to file a sworn statement in proof of loss was


Jorden Burt LLP | USA | 2 Nov 2012

Keeping an eye on the late notice landscape

Liability policies typically contain provisions that make timely notice of claims a condition precedent to coverage, but the impact of those provisions varies widely across jurisdictions.


Shook Hardy & Bacon LLP | USA | 8 Apr 2011

Sale of transformers for scrap does not result in “arranger liability” under CERCLA

A federal court in Connecticut has ruled that the sale to a scrap yard of transformers that may contain hazardous substances does not create a rebuttable presumption that the transformers contained polychlorinated biphenyls (PCBs).


McCarter & English LLP | USA | 1 Nov 2010

Rejecting the argument that prejudice had to be considered in determining whether an insured could be excused from complying with a time limit for bringing an underinsured motorist claim

The insureds brought this action seeking a declaration that the insurer had to provide them with underinsured motorist benefits.


Fox Rothschild LLP | USA | 11 Jan 2010

Connecticut unfair trade practices preempted

Connecticut, like many other states, decades ago enacted a "mini-FTC" Act, modeled after the federal law, 15 U.S.C. 45(a)(1), prohibiting unfair trade practices.


Jorden Burt LLP | USA | 16 Apr 2009

Arrowood and Covenant settle reinsurance premium battle

Arrowood Indemnity Co., as reinsurer, sued The Covenant Group, a reinsurance program administrator, alleging that Covenant agreed to hold harmless and indemnify Arrowood for Covenant’s “failure to collect all premium audits arising under insurance policies issued pursuant to certain” agreements.


Locke Lord LLP | USA | 4 Aug 2008

Connecticut Supreme Court: failure to submit insurer’s special defense of late notice to jury was harmful error

The Connecticut Supreme Court recently reversed a lower court decision and held that the failure to charge a jury on an insurer’s special defense of late notice was harmful error.

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