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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.


Locke Lord LLP | USA | 12 Jul 2010

West Virginia Human Rights Act prohibits discrimination by insurer in the settlement of property claim

In a recent decision, the Supreme Court of Appeals of West Virginia concluded that the West Virginia Human Rights Act prohibits discrimination by an insurer in the settlement of a property claim.


Locke Lord LLP | USA | 22 Jun 2010

Massachusetts court reaffirms general liability insurers’ broad duty to defend

The Massachusetts Appeals Court recently reaffirmed that jurisdiction's broad understanding of a general liability carrier's duty to defend, holding that an insurer had a duty to defend against a claim of trespass first asserted after the expiration of its policy period.


Locke Lord LLP | USA | 15 Jun 2010

Third Circuit holds that drunken shooting attempt is not an “accident” for purposes of insurance coverage

The Third Circuit recently held that an insured who, while intoxicated, allegedly attempted to shoot another person was not covered under his homeowner's insurance policies for the resulting liability, as the attempted shooting could not constitute an "accident."


Locke Lord LLP | USA | 14 Jun 2010

U.S. lawsuits based upon foreign toxic tort liability: a growing threat?

In July 2009 in New Castle County in the State of Delaware, three separate plaintiffs filed civil suits against E.I. Du Pont De Nemours and Company, Inc. (“DuPont”) alleging that their work at a DuPont textile plant in Mercedes, Argentina from 1961 to 2002 caused them to be exposed to and inhale asbestos fibers.


Locke Lord LLP | USA | 28 May 2010

Learned intermediary doctrine: Eleventh Circuit upholds summary judgment in favor of manufacturer in lawsuit claiming antidepressant caused suicide

The 11th Circuit Court of Appeals recently relied upon the learned intermediary doctrine in affirming summary judgment in favor of Smithkline Beecham Corp. (“SBC”) in a lawsuit claiming that the antidepressant Paxil caused the decedent to commit suicide.


Locke Lord LLP | United Kingdom | 28 May 2010

High Court confirms operation of the anti-deprivation principle

In Justin Mayhew v (1) Philip King (2) Milbank Trucks Ltd (Defendants) & Chaucer Insurance plc (Third Party and Part 20 Claimant) v Towergate Stafford Knight Company Limited & Ors Sir Edward Evans-Lombe held that a term of a settlement agreement which stated that a right to an indemnity would cease if the party with the benefit of the indemnity went into administration was contrary to the anti-deprivation principle and would be struck out.


Locke Lord LLP | United Kingdom | 26 May 2010

Court of Appeal seeks guidance from Europe on an insurer's right of recovery under the Road Traffic Act 1988

The Court of Appeal has asked for guidance from the Court of Justice of the European Union on the compatibility with Community law of a provision in the Road Traffic Act 1988 (the RTA) governing an insurer's right of recovery.


Locke Lord LLP | United Kingdom | 24 May 2010

Court of Appeal rules on causation issues following negligent professional advice

In Levicom International Holdings BV and anr v Linklaters (a firm) 2010 EWCA Civ 494, Levicom appealed against the first instance decision of Mr Justice Andrew Smith that, although Linklaters had negligently advised Levicom, Levicom had suffered no damage as a consequence because it would have proceeded in the manner that it had even if it had received non-negligent or proper advice.


Locke Lord LLP | USA | 18 May 2010

Massachusetts Supreme Judicial Court defines contours of statute regulating indemnification (but not insurance provisions) in lease agreements

The Massachusetts Supreme Judicial Court recently held that G.L. c. 186 15, which makes void any indemnification agreement or provision whereby a tenant is obligated to indemnify a landlord, in whole or in part, for the landlord’s own negligence, does not apply to insurance provisions in the lease agreement.

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