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Results: 1-10 of 197

New York court rules in favor of producer compensation disclosure regulation
  • Locke Lord LLP
  • USA
  • November 24 2010

As we last discussed here, the Independent Insurance Agents and Brokers of New York ("IIABNY") and the Council of Insurance Brokers of Greater New York ("CIBGNY") jointly filed an Article 78 proceeding to block the implementation of Insurance Regulation 194, which requires insurance producers to disclose certain information regarding their compensation to their clients


Federal Court calls "individual mandate" unconstitutional
  • Locke Lord LLP
  • USA
  • December 16 2010

A Federal Court in Virginia ruled on December 13 that the provision of the Patient Protection and Affordable Care Act requiring most Americans to carry insurance or pay a fine is unconstitutional


ECJ finds against AXA in VAT dispute
  • Locke Lord LLP
  • European Union
  • November 12 2010

In the recent case of AXA UK (Taxation) 2010 EUECJ C-17509, the European Court of Justice (ECJ) was asked by the UK Court of Appeal whether the service of passing payments from patients to dentists was exempted from VAT


Court can deprive a successful defendant of costs following lies at trial
  • Locke Lord LLP
  • United Kingdom
  • December 21 2009

The Court of Appeal has ruled that it can be within a court's discretion to reduce a successful defendant's costs award by two thirds because of lies told during the trial


NY court: insured may recover consequential damages absent insurer bad faith
  • Locke Lord LLP
  • USA
  • December 23 2009

On December 15, 2009, New York's Appellate Division for the First Department held that an insured need not allege or prove that its insurer acted in bad faith in order to recover consequential damages stemming from the insurer's breach of the policy


Court examines duty to defend funeral homes accused of participation in organ harvesting
  • Locke Lord LLP
  • USA
  • December 23 2009

A federal judge in Pennsylvania recently examined whether an insurer must defend a crematorium and funeral home against several lawsuits alleging that they participated in an organ harvesting scheme


Trustees' duties in employee life assurance schemes
  • Locke Lord LLP
  • United Kingdom
  • January 7 2010

In Ms Jacqueline Power v (1) The Trustees of the Open Text (UK) Limited Group Life Assurance Scheme (2) Open Text (UK) Limited 2009 EWHC 3064 (Ch), the High Court considered whether either the trustee of an employee life assurance scheme or the employer that issued the scheme was under a duty to consider the level of cover provided under the scheme and whether the trustee was under a duty to consider whether the cover was appropriate


Construction of termination and release agreement; claims in fraud
  • Locke Lord LLP
  • United Kingdom
  • December 30 2009

1) Cavell USA (2) Kenneth Edward Randall v (1) Seaton Insurance (2) Stonewall Insurance 2009 EWCA Civ 1363 concerned the construction of a termination and release agreement, which provided for English law and jurisdiction and, under clause 13, for a full release by Randall from "all actions, causes of action, suits, claims and demands whatsoever, whether at law or equity…save…(iii) in the case of fraud" on Randall's part


Divided Kentucky Court of Appeals relaxes claims made and reported requirements when consecutive policies are issued by the same insurer
  • Locke Lord LLP
  • USA
  • October 28 2010

A divided Court of Appeals of Kentucky recently held that an insured was continually covered under two back-to-back "claims-made" insurance policies issued by the same insurer even though a claim was made against the insured during one policy period, and not reported to the insurer until fourteen months later, during the second policy period


Court upholds insurer’s decision to deny benefits to smoker’s widow
  • Locke Lord LLP
  • USA
  • October 26 2010

In Jackson v. Farmers New World Life Ins. Co., the United States District Court for the Eastern District of Oklahoma ruled that the insurer did not act in bad faith or breach its contractual duty when it rescinded a $150,000 non-smokers life insurance policy after discovering that the insured was, in fact, a smoker