Jurisdictions

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In the 2009 Budget, on 22 April 2009, the Chancellor announced the introduction of a Government-backed  ‘top-up’ trade credit insurance scheme aimed at addressing the challenges that UK businesses were facing as a result of the reduction in availability of trade credit insurance (the Scheme). 

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Read More UK: Changes to UK Trade Credit Insurance Top Up Scheme

The First Circuit recently affirmed the decision of the United States District Court for the District of Maine to deny American National Fire Insurance Company’s (“ANFIC”) plea for recoupment of a settlement payment made by ANFIC to York County Jail.  ANFIC argued that it was entitled to a per-claim deductible, which negated its settlement payment. …
Read More First Circuit Upholds Decision to Deny Insurer Recoupment of Deductibles Following Class Action Settlement

Legislation recently introduced in the United States Senate could help homeowners haul foreign manufacturers of allegedly defective Chinese drywall into court.  The Foreign Manufacturers Legal Accountability Act of 2009, introduced by Senators Sheldon Whitehouse (D- RI), Jeff Sessions (R-AL) and Dick Durbin (D-IL), seeks to make it easier to bring foreign companies before American courts. 

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Read More Chinese Drywall – Senate Bill Could Facilitate Effecting Service of Process on Foreign Defendants

The Ninth Circuit Court of Appeals recently reversed an award of summary judgment that had been in favor of an insurer in a bad faith action regarding an uninsured motorist claim, and found against the insurer. 

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Read More Ninth Circuit Court of Appeals Reverses Summary Judgment and Holds Against Insurer In Bad Faith Action Related to Uninsured Motorist Claim

In a case concerning an IRS audit — but having potentially far-reaching implications for all manner of litigation and discovery — United States v. Textron, Inc., No. 07-2631 (1st Cir. Aug. 13, 2009), the First Circuit en banc recently held that the “attorney work product” doctrine protects only documents prepared for use in litigation. 

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Read More First Circuit Narrows Scope of Attorney Work Product Privilege

On 26 June 2009, a solicitor and a recovery agent were found guilty by the District Court for offering a “no win, no fee” deal to a mother seeking compensation for her son, who was severely injured in a road traffic accident. The recovery agent was also found guilty of champerty, that is, negotiating to receive a share of  the proceeds of litigation in which he had no interest. …
Read More HK: Prohibition Against Contingent Fee Arrangement Re-Affirmed

Republic Western Insurance Company (“Republic”) reinsured certain workers’ compensation policies issued by Reliance Insurance Company.  In October 2001, Reliance was placed into liquidation under the supervision of the Liquidator.  After Republic failed to pay certain claims arising under its reinsurance treaties with Reliance, the Liquidator demanded arbitration. 

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Read More Reinsurer’s Motion to Seal Documents Related to Arbitration Granted by Pennsylvania Court

This updates our July 31, 2009 posting.  On August 19, 2009, Michigan’s House Insurance Committee advanced the package of “bad faith” bills (House bills 4244, 4844, 4858, 5020, 5144-5151) by voting to toughen penalties for insurance companies that deny or delay valid claims. 

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Read More Michigan’s House Insurance Committee Advances “Bad Faith” Legislation

The administrators of Lehman Brothers International (Europe) have been intending to propose a scheme of arrangement under the English Companies Act to enable them to distribute several billions of dollars of assets held on trust by the company in the face of difficulties in establishing who was entitled to the trust assets; in particular, they had not received responses from all potentially interested clients, could not rely on the accuracy of the company’s records and had not received all the information requested from sub-custodians and other intermediaries. 

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Read More UK: Court Rules it Has No Jurisdiction to Sanction Scheme Concerning Trust Assets Held by Lehman UK