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Locke Lord LLP | USA | 16 Jul 2010

Minnesota federal court rejects "capacity" limitation as to insured vs. insured exclusion

The U.S. District Court for the District of Minnesota recently dismissed a directors and officers liability coverage suit, rejecting plaintiffs' argument that an underlying suit had to be brought by the insured in his capacity as an insured in order to implicate the policy's insured vs. insured exclusion.


Locke Lord LLP | United Kingdom | 2 Jul 2010

The problem of piracy reaches the English High Court

The case of Cosco Bulk Carrier Co. Ltd v Team-Up Owning Co. Ltd 2010 EWHC 1340 (Comm) was an appeal to the High Court of a decision by an arbitration panel.


Locke Lord LLP | USA | 17 Jun 2010

Pennsylvania federal court dismisses bad faith claim as subsumed by breach of contract claim, but allows statutory bad faith claim

Recently, a Pennsylvania federal court dismissed a bad faith claim against an insurer on the grounds that the claim was subsumed by the plaintiff's breach of contract claim in the same proceeding.


Locke Lord LLP | USA | 10 Jun 2010

Court denies Wells Fargo’s motion to dismiss on statute of limitations grounds

The United States District Court for the Northern District of California recently granted in part and denied in part motions to dismiss a class action brought by a class of purchasers of mortgage pass-through certificates.


Locke Lord LLP | USA | 30 Mar 2010

Chinese Drywall federal judge rules no coverage for drywall remediation

On March 24, 2010, Judge Rebecca Beach Smith of the U.S. District Court for the Eastern District of Virginia dismissed claims filed by a Virginia Beach-based builder seeking insurance coverage for the costs of voluntarily remediating Chinese Drywall.


Locke Lord LLP | USA | 3 Mar 2010

Massachusetts Supreme Court affirms dismissal of data breach claims brought against retailer by financial institutions

Recently, the Supreme Judicial Court of Massachusetts upheld two lower court decisions dismissing, on separate motions to dismiss and for summary judgment, a number of claims brought by credit unions against a retailer in connection with a breach of debit and credit card data.


Locke Lord LLP | USA | 19 Feb 2010

Two more dismissals of Securities Act lawsuits against rating agencies

Judge Lewis Kaplan of the U.S. District Court for the Southern District of New York granted McGraw Hill and Moody's (together, the "Ratings Agencies") motions to dismiss in both Tsereteli v. Residential Asset Securitization Trust 2006-A8 et al. and In re: IndyMac Securities Litigation - but without issuing detailed written opinions.


Locke Lord LLP | USA | 27 Jan 2010

California court refuses to extend coverage for fire intentionally set by child under homeowner’s policy

Recently, a California Appeals Court denied coverage under a homeowner's policy for damages caused by a fire intentionally set by the insureds' son.


Locke Lord LLP | USA | 29 Jul 2009

First Circuit: no coverage under claims made and reported policy if insured fails to report claim within policy period

The First Circuit recently held that an insured was not entitled to coverage under a Professional Liability claims made and reported policy where the claim is not both made against the insured and reported to the insurer within the policy period.

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