Jurisdictions

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(1) Roger Shashoua (2) Rodemadan Holdings Ltd (3) Stancroft Trust Ltd v Mukesh Sharma [2009] EWHC 957 (Comm) involved a dispute over a shareholders agreement governed by Indian law, which contained an arbitration clause providing for an arbitration in London, under the rules of the International Chamber of Commerce (the ICC). 

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Read More UK: Supranational Arbitrations and the Laws of England

New York’s highest court recently held that an exclusion for “earth movement” in a property policy did not exclude coverage for damage to the policyholder’s building that resulted when excavation of the adjacent lot caused earth to slide away beneath the insured building. 

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Read More New York Court of Appeals: Earth Movement Exclusion Does Not Apply to Damage Caused by Adjacent Lot Excavation

On Thursday, May 28, 2009, it was announced that Eric Dinallo, Superintendent of the New York State Insurance Department (“NYSID”), intends to resign effective as of July 3, 2009.  Dinallo has accepted a position as a visiting professor at New York University’s Stern School of Business. …
Read More New York Insurance Superintendent Eric Dinallo Resigns

Midgulf (M) was a trader in sulphur and Groupe Chimiche Tunisien (G) was a company owned by the state of Tunisia. The parties entered into a contract for the sale and purchase of sulphur in June 2008 and a further contract for the same in July 2008. The June 2008 contract contained a London arbitration clause. G complained about the quality of the sulphur provided under both contracts and subsequently terminated the July contract. A dispute arose as to whether the July 2008 contract contained a London arbitration clause. 

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Read More UK: Midgulf International Ltd v Groupe Chimiche Tunisien (2009) [2009] EWHC 963 (Comm)

On May 21, 2009, Representative Ron Klein (D-FL) reintroduced the Homeowners’ Defense Act of 2009, H.R. 2555 (the “Act”), which would allow states to join a national catastrophe insurance pool and would potentially reduce the cost and improve the availability of homeowners’ insurance in Florida and in other states.  As we reported here, the Act is similar to the legislation previously passed in the House, but failed to gain Senate support in 2007 and 2008. 

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Read More Representative Ron Klein (D-FL) Reintroduces the Homeowners’ Defense Act

The Tennessee Court of Appeals recently reversed a trial court and held that an insurer did not have a duty to defend under parents’ homeowners’ policy because coverage for childrens’ act of shooting at passing trucks on a highway was barred by the policy’s intentional acts exclusion. 

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Read More Tennessee Court of Appeals Holds That Intentional Acts Exclusion Bars Coverage for Children Shooting at Trucks on Highway

The trial involving claims that the U.S. Army Corps of Engineers was negligent in its maintenance of the Mississippi River Gulf Outlet (MRGO), which we discussed here, concluded on May 14, 2009.  Judge Stanwood Duval, Jr. of the United States District Court, Eastern District of Louisiana, is expected to issue his ruling this summer in this non-jury trial. 

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Read More UPDATE: Significant Hurricane Katrina-Related Trial Concluded in Louisiana Federal Court