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Results: 1-10 of 259

Interpretation of actual and constructive total loss under the Marine Insurance Act 1906
  • Locke Lord LLP
  • United Kingdom
  • February 25 2010

Masefield AG v Amlin Corporate Member Ltd 2010 EWHC 280 (Comm) concerned the interpretation of actual and constructive total loss under the Marine Insurance Act 1906


Court denies Wells Fargo’s motion to dismiss on statute of limitations grounds
  • Locke Lord LLP
  • USA
  • June 10 2010

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


Court of Appeal rules on substitution of a party after expiration of limitation
  • Locke Lord LLP
  • United Kingdom
  • August 9 2010

The Court of Appeal has had to consider the application of Civil Procedure Rule (CPR) 19.5 in the case of Lockheed Martin Corporation v Willis Group Ltd 2010 EWCA Civ 927


High Court provides clarity on time limits in arbitration clauses
  • Locke Lord LLP
  • United Kingdom
  • October 27 2010

In William McIlroy Swindon Ltd & Rannoch Investments Ltd v Quinn Insurance Ltd 2010 EWHC 2448 (TCC), the High Court was asked to consider, as a preliminary issue, when a dispute could be said to have arisen for the purposes of an arbitration clause that provided that any dispute as to the insurer's liability was to be referred to arbitration within nine months, failing which the claim would be deemed to have been abandoned


New York State Court denies motion to compel discovery of reinsurance and reserve information
  • Locke Lord LLP
  • USA
  • July 29 2010

In Mt. McKinley Ins. Co. v. Corning Inc., 2010 NY Slip Op 20235 (N.Y. Sup. Ct. June 14, 2010), an insured (“Corning”) moved to compel discovery of reinsurance and reserve information from its insurers, arguing that this information was relevant, material and necessary to its coverage claim


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


Marine insurance - non-disclosure and seaworthiness
  • Locke Lord LLP
  • United Kingdom
  • November 3 2010

Garnat Trading & Shipping (Singapore) PTE LTD (Garnat) and Vung Tau Shipbuilding Industry Joint-Stock Company (Vung Tau) v Baominh Insurance Corporation (Baominh) 2010 EWHC 2578 (Comm), concerned the loss of a floating dock (carrying a floating workshop) which sank in the course of being towed on a voyage from Vladivostok in Russia to Vung Tau in Vietnam


Third parties may have rights of action against insurance brokers
  • Locke Lord LLP
  • United Kingdom
  • February 9 2010

In Mr Peter Crowson v HSBC Insurance Brokers Ltd (unreported), the Judge, in considering an application to strike out the claimant's claim, held that an individual who is not in a contractual relationship with an insurance broker may have rights of action in tort andor contract where the insurance to be arranged is also for his benefit


District court finds that the Federal Arbitration Act preempts state statute barring out-of-state arbitrations
  • Locke Lord LLP
  • USA
  • September 14 2010

In Binder v. Medicine Shoppe International, Inc., No. 09-14046 (E.D.Mich. 2010), a breach of contract dispute between the plaintiff (a franchisor) and the defendant (a franchisee) arose out of a Uniform Franchise Offering Circular and subsequent License Agreement (“Agreement”


Federal court finds that the proper venue for a motion to confirm an arbitration award is the district in which the hearing was held, not where the award was signed
  • Locke Lord LLP
  • USA
  • October 15 2010

NGC Network Asia, LLC (“NGC”) and Pacific Group International, Inc. (“PAC”) were parties to an arbitration held in New York