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Results: 1-10 of 1,254

"Reinsurance accepted” clause interpreted to define maximum exposure, including expenses
  • Jorden Burt LLP
  • USA
  • May 5 2010

A court has found that a reinsurer's (Global Reinsurance Corporation of America) maximum exposure under a facultative certificate is $1 million dollars, inclusive of expenses


What duty does a primary insurer owe to an excess carrier?
  • Jorden Burt LLP
  • USA
  • February 15 2013

A primary liability carrier usually owes no duty to excess insurers, even though those insurers bear the cost of excess judgments. If the primary


Federal court of appeal announces review standard applicable to rulings on motions to stay lawsuits pending arbitration
  • Jorden Burt LLP
  • USA
  • April 18 2010

In a case of first impression at the federal appellate level, the First Circuit, in Powershare, Inc. v. Syntel, Inc., 597 F.3d 10 (1st Cir. Mar. 1, 2010), held that the appropriate standard of review to be utilized by a District Judge when reviewing a Magistrate Judge’s disposition of a motion to stay litigation pending the completion of a parallel arbitration proceeding is the clearly erroneous standard


Court refuses subject matter jurisdiction to review arbitration award, since the value of the award was less than the court’s jurisdictional amount
  • Jorden Burt LLP
  • USA
  • January 5 2009

A dispute arose between Hansen Beverage Company and DSD Distributors over a distribution agreement


English court holds insurance “tower” of multiple layers of excess of loss insurance incurred simultaneous liability
  • Jorden Burt LLP
  • USA
  • January 24 2012

An English court held that a professional indemnity insurance “tower” of multiple excess of loss policies incurred liability simultaneously, rather than sequentially as each policy’s limits were exhausted


Civil subpoenas issued by arbitrator against out-of-state nonparties held unenforceable
  • Jorden Burt LLP
  • USA
  • April 18 2012

The Colorado Supreme Court vacated a district court’s order enforcing subpoenas issued by an arbitrator against out-of-state nonparties


TILA disclosures must be “clear and conspicuous”
  • Jorden Burt LLP
  • USA
  • September 7 2009

In Barrer v. Chase Bank USA, the Ninth Circuit recently explained that disclosures in credit card agreements must be “clear and conspicuous” to comply with the Truth in Lending Act


Oregon Supreme Court addresses attorneys' fees for appellate proceedings in class action over automated review of medical bills
  • Jorden Burt LLP
  • USA
  • March 12 2013

Strawn v. Farmers Insurance Co. of Oregon is a class action that challenged the insurer's use of automated bill review systems to determine the


Fee-shifting provision in arbitration clause unenforceable when certain federal statutory rights are at issue
  • Jorden Burt LLP
  • USA
  • September 26 2012

In an employment dispute, a Magistrate Judge issued a Report and Recommendation which broadly interpreted the arbitration provision in an employment agreement in favor of arbitration


No res judicata effect for unconfirmed arbitration award
  • Jorden Burt LLP
  • USA
  • May 31 2012

The Greers entered into a contract with Town Construction for construction of their home