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Article

Locke Lord LLP | United Kingdom | 22 Jul 2010

English High Court rules on purported avoidance of after-the-event insurance

In Persimmon Homes Ltd v Great Lakes Reinsurance (UK) Plc 2010 EWHC 1705 (Comm), the High Court ruled that dishonesty on the part of a claimant which has taken out after the event (ATE) insurance can amount to a material non-disclosure such that the insurer may avoid the policy.

Article

Locke Lord LLP | United Kingdom | 22 Jul 2010

Court of Appeal rejects insurers' appeal for access to privileged documents held by the Law Society

The Court of Appeal has affirmed a High Court decision that prevents solicitors' insurers from gaining access to privileged documents held by the Law Society after an intervention in the firm.

Article

Locke Lord LLP | USA | 16 Jun 2010

Second Circuit: distinguishing between policy definitions subject to NY Insurance Law 3420(d)(2)’s timely disclaimer requirement as an exclusion and those that are not

In a decision issued on February 1, 2010, the United Stated Court of Appeals for the Second Circuit confirmed that under New York law some policy provisions, although placed outside of the policy's "Exclusions" section, may nonetheless be considered an exclusion and, therefore, subject to the timely disclaimer and denial requirement of NY Insurance Law 3420(d)(2).

Article

Locke Lord LLP | Chile | 3 Jun 2010

The Chile earthquake: emerging compliance and claims issues arising from the most expensive insured event in Latin American history

Even if insured losses fall somewhere in the middle of the current $2-$12 billion range of estimates, the Chile earthquake will easily outpace Hurricane Wilma as the most expensive insured event in Latin America's history.

Article

Locke Lord LLP | USA | 13 Apr 2010

Sixth Circuit upholds an insured’s decision to amend its current policy so as to render a prior policy the sole primary insurance

On March 11, 2010, the Court of Appeals for the Sixth Circuit affirmed a district court decision permitting an insured to shift the burden of primary coverage for various securities-related claims to its previous insurer by purchasing an extended reporting period (ERP) and adding an endorsement to its current primary policy making it specifically excess of the prior policy.

Article

Locke Lord LLP | USA | 16 Feb 2010

Federal Court enforces service of suit provision in reinsurance treaties, grants liquidator’s motion to remand lawsuit to state court

The Liquidator of Midland Insurance Company moved to remand to state court a lawsuit asserted against Dunav Re to recover for claims billed to Dunav Re by Midland under certain reinsurance treaties.

Article

Locke Lord LLP | USA | 4 Feb 2010

PLUS D&O symposium: afternoon session II

During the second afternoon session of the first day of the PLUS D&O Symposium, the panelists discussed the complex underwriting issues that arise when the company to be insured is insolvent, in bankruptcy, or close to bankruptcy.

Article

Locke Lord LLP | USA | 1 Dec 2009

Connecticut Superior Court held that home seller’s misrepresentation regarding lead paint constituted “occurrence” and insurer had a duty to defend

A Connecticut Superior Court recently awarded summary judgment against an insurer on the basis that a home seller’s misrepresentation regarding the existence of lead paint in the home constituted an "occurrence" under her insurance policy and, therefore, the insurer had a duty to defend the seller in a lawsuit alleging negligent misrepresentation and was liable for paying the stipulated judgment agreed to by the parties.

Article

Locke Lord LLP | USA | 10 Sep 2009

Seventh Circuit rules that challenge to a replacement arbitrator must be made at the time of the appointment and not at the conclusion of the arbitration

In a recent decision from the United States Court of Appeals for the Seventh Circuit, WellPoint, Inc. v. John Hancock Life Ins. Co., No. 08-2283 (7th Cir. Aug. 7, 2009), the court ruled that a party seeking to challenge the appointment of a replacement arbitrator must do so at the time of the appointment or else lose its ability to make such a challenge.

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