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Locke Lord LLP | United Kingdom | 17 Dec 2009

High Court rules on avoidance and breach of warranty issues

The claimant, AC Ward & Son Limited (AC Ward) was the owner of a warehouse in Essex, which was left unoccupied at weekends.


Locke Lord LLP | United Kingdom | 19 Nov 2009

Court of Appeal holds that a cause of action may arise upon inception of an insurance policy

A cause of action in tort may accrue at the time an insurance policy was issued, and not when a claim could eventually be made under that policy, if a negligent failure led to the policy being issued.


Locke Lord LLP | United Kingdom, Canada | 19 Nov 2009

English High Court refuses to enforce a Canadian arbitration award which failed to give effect to mandatory EU regulations

In Accentuate Limited v Asigra Inc (A company incorporated under the laws of Canada) 2009 EWHC 265, the English Court was asked to overturn the earlier decision of a District Judge which set aside an order giving the English claimant, Accentuate, leave to serve the Canadian defendant, Asigra, outside the jurisdiction and which granted a stay of proceedings.


Locke Lord LLP | USA | 19 Nov 2009

NY Court of Appeals applies Pennsylvania law to bar coverage for malpractice claim pursuant to prior knowledge exclusion

Reversing the intermediate appellate court, New York’s highest court recently granted summary judgment in favor of two excess insurers based upon their policies’ prior knowledge exclusion.


Locke Lord LLP | USA | 11 Nov 2009

California federal court holds that D&O insurer is permitted to rescind policy based on nondisclosure in application

In a recent decision by the United States District Court for the Northern District of California, the court held that an insurer does not have to provide D&O insurance coverage to a group of bondholders who took on the responsibilities of the bankrupt insured.


Locke Lord LLP | United Kingdom | 10 Nov 2009

Publication of responses to Law Commission's proposals concerning micro-businesses

The Law Commission has now published the responses it has received to Issues Paper 5 "Reforming Insurance Contract Law: Micro-businesses", published in April 2009.


Locke Lord LLP | USA | 9 Nov 2009

Southern District grants in part and denies in part the rating agencies' motion to dismiss in subprime suit

By orders dated September 1, 2009 and October 15, 2009, the U.S. District Court for the Southern District of New York granted in part, and denied in part, the defendants motion to dismiss in Abu Dhabi Commercial Bank et al v. Morgan Stanley et al, which names as defendants Moody’s Corporation (“Moody’s”) and McGraw Hill Companies (“McGraw Hill”) (collectively, the “Rating Agencies”).


Locke Lord LLP | USA | 3 Nov 2009

Southern District of New York confirms arbitration award dismissing fraud claims on summary judgment

In a recent decision of the United States District Court for the Southern District of New York, TIG Ins. Co. v. Global Int’l Reins. Co., Ltd., No. 09 Civ. 1289 (Aug. 7, 2009), the court ruled that an arbitrator’s decision to ignore certain evidence is not a proper ground for vacating an arbitration award.


Locke Lord LLP | USA | 3 Nov 2009

United States district court grants insurer’s motion to dismiss in case involving guaranties of reinsurance for default protection insurance

In Everest National Insurance Company, et al. v. Robert Sutton, 07-Civ.-722 (JAP) (D.N.J. Oct. 14, 2009), the court dismissed five of Defendants’ counterclaims and three affirmative defenses on Plaintiff’s motion to dismiss.


Locke Lord LLP | USA | 2 Nov 2009

Connecticut Appellate Court affirms award of summary judgment in favor of title insurer and finds policy exclusion applies and insurer did not breach the covenant of good faith and fair dealing

In Lauren Heyse, et al. v. William Case, et al., AC No. 29289 (Conn. App. Jun. 2, 2009), the insured, a resident of a common interest community, brought a lawsuit to challenge the rights of another property owner within the common interest community to subdivide a lot within the common interest community.

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