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Results: 1-10 of 148

Law Commission publishes paper on damages for late payment and the insurer's duty of good faith
  • Locke Lord LLP
  • United Kingdom
  • March 26 2010

The Law Commission has published an Issues Paper considering whether an insurer should be liable for loss caused as a result of its unjustified refusal to pay a claim


Scottish Court rejects insurers' challenge over compensation for pleural plaques
  • Locke Lord LLP
  • United Kingdom
  • January 13 2010

The Scottish Court has upheld legislation that maintains the right to compensation for pleural plaques sufferers in Scotland


Oklahoma federal court holds claim for misrepresentations in home sale not covered by homeowners’ liability policy
  • Locke Lord LLP
  • USA
  • January 6 2010

The United States District Court for Oklahoma recently ruled that homeowners’ liability policies (primary and excess) did not cover a homebuyer’s lawsuit against the insured sellers for misrepresenting the condition of the home’s fireplaces


District of New Jersey dismisses securities fraud claims against company that suffered data breach
  • Locke Lord LLP
  • USA
  • March 29 2010

Late last year, the United States District Court for the District of New Jersey dismissed a securities fraud litigation that had been brought against a payment card processor in connection with the theft, by cybercriminals, of credit and debit card information from the company's computer system


Connecticut federal court finds that reinsurer does not have to follow cedent’s fortunes
  • Locke Lord LLP
  • USA
  • March 22 2010

Employers Reinsurance Company, now known as Westport Insurance Corporation ("Westport"), provided reinsurance coverage for insurance policies issued by Connecticut Specialty Insurance Company (the "Reinsurance Agreement"


The effect of an arbitration agreement in an insurance policy
  • Locke Lord LLP
  • Hong Kong
  • March 30 2010

The recent High Court judgment in Rondabosh International Ltd v China Ping An Insurance (Hong Kong) Co Ltd 2009 HKEC 2103 demonstrates the effect of an arbitration agreement in an insurance policy


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


Connecticut Superior Court holds business risk exclusion bars coverage for damage to entire home when it toppled after being raised by contractor
  • Locke Lord LLP
  • USA
  • January 7 2010

In Barber v. Berthiaume, No. NNH-CV-05-4009532-S (Oct. 19, 2009), a contractor was hired to expand and repair plaintiff’s home


High Court refuses compensation for "toxic sofa" victims for breach of claims control clause
  • Locke Lord LLP
  • United Kingdom
  • March 30 2010

The English High Court, in Clare Horwood & Others v Land of Leather (In Administration) & Zurich Insurance PLC & Others 2010 EWHC 546 (Comm), held that Zurich did not have to pay compensation to customers who suffered burns from "toxic sofas" sold by the now-defunct Land of Leather